Can a Driver and Passenger Both File a Lawsuit for a Car Accident in NY?

Car accidents can lead to life-altering injuries, financial strain, and emotional distress for everyone involved. In New York, the unique no-fault insurance laws often raise questions about the rights of drivers and passengers to pursue lawsuits for compensation. This article explores whether a driver and passenger can both file lawsuits after a car accident, the legal framework that governs such cases, and the factors that can affect their outcomes.

Understanding New York's No-Fault Insurance System

New York works under a no-fault insurance system, which means that after a car accident, an injured party's own insurance typically covers their medical costs, lost wages, and certain other costs, regardless of who caused the accident. This system aims to reduce litigation by allowing claims for economic damages through personal injury protection (PIP) coverage.

However, lawsuits for additional compensation can be filed under specific conditions:

• Threshold for Serious Injury: New York law permits lawsuits when the injuries meet the "serious injury" threshold, defined under Section 5102(d) of the Insurance Law. Examples include:Bone fracturesPermanent loss of a body function, organ, or systemSignificant disfigurementInjuries resulting in a substantial disability for at least 90 days within the first 180 days after the accident

If the injuries do not meet this threshold, the driver or passenger generally cannot file a lawsuit.

Can Both a Driver and Passenger File a Lawsuit?

The short answer is yes; both a driver and a passenger can file separate lawsuits, provided they meet the legal criteria. However, several factors determine the viability of their cases:

Liability for the Accident

• If another party, such as another driver or an entity responsible for road maintenance, caused the accident, both the driver and passenger can pursue claims against the at-fault party.
• In cases where the driver is partially at fault, passengers retain the right to sue because they are usually not considered liable for the accident.

Separate Damages

• Each individual must prove the extent of their damages. While the driver and passenger may share certain experiences, such as the emotional trauma of the crash, their medical bills, lost income, and pain and suffering claims will differ.

Insurance Coverage

• Drivers may face more limitations if they lack adequate liability insurance or uninsured/underinsured motorist (UM/UIM) coverage. Passengers often rely on the driver's insurance policy or their own UM/UIM coverage to recover compensation.

Steps for Filing a Lawsuit in New York

To maximize the chances of a successful outcome, both drivers and passengers should follow these steps:

Seek Immediate Medical Attention

• Prompt medical treatment not only ensures better recovery but also documents injuries for the lawsuit.

File Insurance Claims

• Notify the insurance company and file for PIP benefits within 30 days of the accident.

Consult an Experienced Attorney

• An attorney can help determine liability, evaluate whether the injuries meet the serious injury threshold, and gather evidence to strengthen the claim.

Collect Evidence

• Critical evidence includes:Accident reportsWitness statementsMedical records and billsPhotos or videos of the accident scene

File the Lawsuit

• In New York, the statute of limitations for personal injury claims from car accidents is three years. Missing this deadline bars the injured party from seeking compensation.

Shared Fault and Comparative Negligence in New York

New York follows a pure comparative negligence rule. This means that an individual can recover damages even if they are partially at fault, though their compensation is lowered by their percentage of fault. For example:

• If a court finds the driver 40% at fault for the accident and awards $100,000 in damages, the driver will receive $60,000.
• Passengers rarely share fault, so their compensation is usually not reduced.

Statistics Highlighting the Importance of Legal Action

• According to the New York State Department of Health, car accidents are among the leading causes of hospitalization and emergency department visits in the state.
• The average hospital cost for car accident victims in New York exceeds $18,000, excluding ongoing rehabilitation expenses.

These statistics emphasize the financial burden that accidents impose, underscoring the importance of pursuing compensation beyond insurance coverage when warranted.

Unique Considerations for Passengers

Passengers have a stronger legal standing compared to drivers because they are almost never held liable for causing the accident. Key points for passengers include:

• Multiple Avenues for Compensation: Passengers can file claims against the at-fault driver, their own PIP coverage, and, in some cases, the driver of the vehicle they were in.
• Conflict of Interest: If the driver and passenger are family members or close friends, navigating lawsuits against one another may involve emotional and legal complexities.

Key Takeaways

Both drivers and passengers involved in a car accident in New York may have the right to file lawsuits, provided their injuries meet the state's legal standards. Here are the key points to remember:

• Eligibility: Lawsuits are allowed only when injuries exceed the serious injury threshold.
• Separate Claims: Drivers and passengers must pursue their own claims and provide evidence for their individual damages.
• Timeliness: Filing within the statute of limitations is essential to preserve legal rights.

By understanding their legal options and seeking professional guidance, injured drivers and passengers can recover the compensation they deserve to rebuild their lives after an accident.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. Contact us now for a free legal review.