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Even as a cautious and safe driver, unfortunately, at times, motor vehicle accidents are inevitable
Sadly, drivers and passengers of those motor vehicle accidents may be injured physically and/or mentally.
If you are a passenger in a motor vehicle involved in an accident, you are eligible for maximum compensation.
How to Apply for Compensation as a Passenger in a Motor Vehicle Accident?
Similarly to a New York driver who is injured in a motor vehicle accident, passengers are eligible to file a no-fault claim.
Since New York is a no-fault car insurance state, meaning if you are involved in a car accident, you usually only turn to your personal insurance to gain compensation for your medical bills, lost earnings from work, as well as other economic losses no matter who caused the accident.
However, if you are a passenger involved in a motor vehicle accident, you would turn to the no-fault coverage of the driver whose car you were in.
Under the no-fault statute in New York, being a passenger involved in a motor vehicle accident, you are entitled to coverage of your expenses up to $50,000.
What if my Injuries are Greater Than the Compensation I have Received?
Being involved in a motor vehicle accident, you may have injuries and medical expenses that are greater than the compensation you have received through no-fault insurance.
If this occurs, you are most likely eligible to file a liability claim or a personal injury lawsuit against the at-fault driver of the accident if your claim meets the serious injury threshold in New York.
In New York State, Under Article 51 of the Insurance Law, serious injury is defined as personal injury if one of the following has occurred:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system\
- Permanent consequential limitation of a body organ or member
- A significant limitation of a body function or system
- Medically determined injury or impairment of a non-permanent nature prevents the injured from performing daily activities for no less than 90 days during the 180 days immediately following the injury or impairment.
How to Prevent a Motor Vehicle Accident as a Passenger
When driving or being a passenger there is a chance of an accident.
As a passenger in a motor vehicle, there are ways to prevent motor vehicle accidents from occurring.
The New York City speed limit is 25 MPH unless posted otherwise. If the person you are driving with is exceeding the speed limit, advise them to slow down as speeding accounts for around 27% of fatal crashes in New York.
Speeding can cause detrimental damage, physically, mentally, and emotionally to everyone in and outside of your car.
Additionally, being a passenger, you can be on the lookout for pedestrians, cyclists, and other vehicles on the road. This makes there to be two sets of eyes on the road instead of just the driver. Increasing awareness of your surroundings can help prevent a motor vehicle accident.
Being aware of your surroundings is critical and making sure the driver stays in their lane is important, too, as there may be other vehicles or cyclists in the next lane.
The simplest way to prevent an injury from a motor vehicle accident is to fasten your seatbelt! Buckling your seatbelt should be the first thing.
If your seatbelt is buckled as a front seat passenger, you reduce your risk of a fatal injury by 45% and a moderate to critical injury by 50%.
Although these are a few ways to protect yourself and others in a motor vehicle, the risk of a motor vehicle accident is still there.
If you or a loved one has been a passenger involved in a motor vehicle accident, please seek immediate medical assistance if needed.
Shalom Law, PLLC, is here to help you receive compensation as a driver or passenger!
Next, call an experienced Personal Injury Attorney. Being a passenger involved in a motor vehicle accident is serious. You will need an attorney on your side who knows how to utilize your medical records best to substantiate your claim for losses while navigating the evasive tactics of insurance companies. The attorneys at Shalom Law can do just that. We are prepared to fight hard for you to ensure your rights are protected and you receive the maximum compensation you deserve.
