If you were involved in a car accident as a passenger and ended up with injuries, you may have questions about various things. Although you may feel bad you should file a claim against the driver of the vehicle you were in. Keep in mind that you aren’t taking action against them personally. By filing the claim, you are protecting your rights for compensation from the insurance company.
These types of accidents may be complex and challenging for the victim. This is why you need to get help from a New York car accident lawyer.
Was The Driver A Family Member Or a Friend?
It’s natural that some people are hesitant to file a claim against a driver who’s their spouse, father, mother, or a close friend. But, filing a claim against the driver doesn’t mean that you want their money. No-fault insurance puts aside the compensation without a need to prove fault. The no-fault claim can be filed without assigning blame. The purpose of no-fault insurance is to help drivers, passengers, and pedestrians to get the medical care they need.
New York is a “no-fault” insurance state. This means that the insureds will be compensated by their insurance company for damages despite who was liable for causing the accident. Insureds can be compensated for medical costs and other damages that might occur after the accident.
The state of New York requires registered motor vehicles to have liability insurance with minimum coverage amounts:
- $25,000/$50,000 for bodily injury per person
- $50,000/$100,000 for death
- $10,000 for property damage per accident
Filing a Claim Through Car Driver’s Policy
If we assume that the driver has an insurance policy, then you can collect damages through that policy. The simplest way to do it is through the driver’s personal injury protection (PIP) or Medical Payments (MedPay). MedPay and PIP cover all car passengers and are considered “first-party benefits” insurance.
This means that your driver may file a claim, and no matter who’s at-fault for the accident will get a claim for medical expenses. This is your best option; you’ll cover your costs and it won’t cause your rates to increase.
PIP is mandatory in New York.
In case your driver doesn’t have PIP or MedPay, you can file a claim through their BI insurance. Some passengers won’t pursue this option if the driver is their family member or a close friend.
Keep in mind that this is not done because you seek their money, but for the financial compensation that would be covered by their insurance company.
Filing a Claim Through Your Car Insurance
This another excellent option. If you have PIP or MedPay on your policy, you can use those to cover your medical bills. But, keep in mind that since you’re filing the claim, it could increase your rates. PIP and MedPay have limits, so if the accident caused big medical expenses, you may not get the wanted claim. However, the claim may be just enough to cover your immediate medical bills.
Filing a Passenger Injury Claim
A passenger injury claim is done similarly to other types of injury claims. You may file a claim against both drivers if they both contributed to the accident. After the accident, ask for each driver’s information, including their names, insurance companies, contact information, and insurance policy number. Don’t forget to take photos of every vehicle involved in the accident.
When to Seek Legal Help?
It’s in your best interest to hire a car accident lawyer to review your case. No matter who operated the vehicle, what kind of injuries you got, be sure to consult with your attorney about the next steps. Even if the driver was your close friend or a family member, you can seek a compensation claim from their insurance company.
Your medical expenses may be high and at the moment of the accident, you may not have enough to cover them.
Cellino Law would gladly review your case (free of charge) and will help you to file the claim. We’ll also advise you whether or not to file a claim with your insurance company.
We’re a team of attorneys with long experience in defending the rights of injury victims. Our goal is to help you get the maximum compensation claim, so you can focus on your healing instead of on the finances.
WE CAN HELP
CALL US NOWFree Case Review
FREE CASE REVIEW
My experience during the time of negotiations was extremely positive. Josh Sandberg handled my lawsuit with the utmost integrity. He returned all my phone calls in a timely manner and answered all my questions. Josh made things less stressful. I would highly recommend Josh and the entire staff at Cellino Law.
This is to express our gratitude to you and your team in helping us and Stephanie navigate through the legal process following her car accident. We are very satisfied with the outcome and grateful for your hard work and attention to details. We fell confident that with this compensation, Stephanie will be able to move forward with her studies and her life with the ability to care for some of her health needs resulting from the injuries sustained following her car accident. Thank you very much and may God continue to bless your efforts.
Jose & Rose
Now that reality has set in, I want to thank you for all your work and assistance in obtaining my settlement for the pelvic mesh. This money will make my life so much easier in the future. Medicare just isn't sufficient. I know that I will have enough to live on. I truly appreciate of your efforts. Thank you!
I am writing this letter to say how much I appreciate your services pertaining to my case. Your injury attorney took a hands-on approach and left me fully informed at all times as to where my case was going as well as how much ground we had to cover; leaving the final decisions in my hands but making sure that I knew all of the risks involved in the choices. I have dealt with a few law firms in my life on various different cases and this is the first time that I never had to call and/or track down my lawyer… because of this, I have and will continue to recommend Cellino Law to my friends and associates.
Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.
I am writing to let you know what an outstanding job George Gridelli did for me in my personal injury lawsuit. His professionalism and expertise were evident at our first metting and he and his paralegal Diane D'Andrea took care of me as if I was a friend and not merely a client. They both went above and beyond for me in so many ways that it would be too numerous to list and I am grateful to have had such an exemplary team represent me. When working with George and watching him in court he personified to me what a lawyer is supposed to be - an honest, extremely compentent man who helped guide me through the legal system. I could not have obtained better representation anywhere else at any price. To me that says a lot abut you and your firm's integrity. Thank you again for representing me and for having such stellar individuals working for you! I will continue to recommend your firm.