What to Do as an Injured Passenger
Riding as a passenger comes with the expectation that the driver will get you safely to your destination. Unfortunately, accidents happen—even when passengers do nothing wrong. If you’ve been injured in a car accident, it can be confusing to know what to do next.
If you were hurt as a passenger, it’s important to understand your rights and options for pursuing compensation. Consulting a personal injury attorney in your area is in your best interest, as we can help clarify the road ahead and address any questions or concerns you may have. At the Law Office of Steven R. Smith, we guide injured passengers across New York through every step of the claims process. Read on or reach out to us if you'd like to learn more about what to do as an injured passenger.
What You Should Do Immediately After Your Accident
If you’ve been hurt in a car accident as a passenger, knowing the right steps can protect your health and your legal rights. Use the following as a guide:
Seek Medical Attention Immediately. Even if your injuries seem minor, get checked by a doctor. Some injuries, like whiplash or internal injuries, may not show symptoms right away. Medical records are also crucial evidence for your claim.
Document the Accident. Take photos of the scene, your injuries, and any vehicle damage. Collect contact information for the driver, witnesses, and any emergency responders. Keep records of any bills or expenses related to the accident.
Notify the Insurance Company. Report the accident to your own insurance and the driver’s insurance promptly. Provide only factual information—avoid admitting fault or speculating about the accident.
Keep a Detailed Record of Your Recovery. Track medical visits, physical therapy sessions, medications, and days missed from work. This documentation can support your claim for lost wages, pain, and suffering.
Contact a Trusted Attorney. A qualified and recommended personal injury lawyer can evaluate your case, determine if you qualify for additional claims against the at-fault driver, and help you recover maximum compensation. Legal guidance is especially important if your injuries are serious or if liability is contested.
Passenger Rights in a New York Auto Accident
New York is a no-fault car insurance state, which means injured passengers typically turn to the driver’s insurance for Personal Injury Protection (PIP) coverage. PIP helps pay for medical expenses, lost wages, and transportation costs related to your injuries—regardless of who caused the crash.
Even as a passenger, you may also be able to file a claim or lawsuit against the at-fault driver if your injuries meet New York’s “serious injury” threshold. This can include:
Permanent or significant limitation of a body part
Bone fractures
Significant disfigurement
Full disability lasting at least 90 days
As an experienced New York personal injury attorney, I can help you file a claim and maximize compensation for both your injuries and property damage.
When Passengers May Share Responsibility
In most cases, passengers are not responsible for the accident. However, there are exceptions. Due to New York's comparative negligence rule, your actions could reduce the amount of compensation you receive if they contributed to the crash.
Examples include:
Attempting to take control of the vehicle
Distracting the driver
Interfering with the pedals or controls
Providing drugs or alcohol to the driver
Encouraging reckless driving
If your behavior played a role in the crash, it could impact your claim. But it's important to know that you can still recover damages even if you were partially responsible for the accident. Your compensation, however, will be reduced based on your percentage of fault.
For example, if damages are $70,000 and you are found 30% at fault, your compensation would be reduced by $21,000, leaving $49,000. Even if you are up to 99% at fault, you can still recover a portion of damages.
Even if your actions didn't contribute to the accident, the at-fault party may try to argue that you did in order to reduce their own level of liability. This is one of the many reasons why teaming up with an accident lawyer is so important. You can count on me to present the facts and evidence of your accident in a way that protects your right to fair compensation.
How an Attorney Can Help Injured Passengers
Being injured in a car accident is stressful and can affect your physical, emotional, and financial well-being. Working with a car accident lawyer helps ensure your rights are protected and increases the likelihood of receiving fair compensation.
At the Law Office of Steven R. Smith, we:
Investigate your accident thoroughly
Determine liability and potential damages
Navigate insurance claims and legal procedures
Advocate for maximum compensation, whether through settlement or litigation
Don’t leave your recovery to insurance adjusters who may prioritize their bottom line. Contact our office today for a free consultation and let us guide you through your injury claim. We proudly serve clients in New York and Long Island, including Mineola, Hempstead, New Hyde Park, and Westbury.