A passenger in a motor vehicle has no control over what happens while that car is on the road. Passengers often suffer severe injuries when car accidents occur yet share none of the fault. It can be hard to know who to blame and how to go about getting the compensation you need as a passenger in a car crash.

But the NYC car accident lawyers at Hecht, Kleeger & Damashek P.C. can help if you or a loved one was injured as a passenger in a car crash. Call 212-490-5700 or use our contact form for a free consultation. There’s no fee unless we win.

Injured Car Accident Passengers Need an Attorney

Yes. You should always seek legal advice from a lawyer after a crash. If you’re an injured passenger, an attorney can evaluate your claim, determine who was at fault and make sure your needs are met.

How Much Can a Passenger Get in a Car Accident Claim?

You will likely have significant medical bills, and you may be unable to work. If you bear no fault for the accident as a passenger, you should not be responsible for the costs.

Hecht, Kleeger & Damashek P.C. fight to help clients recover the following damages and losses:

  • Past and future medical bills
  • Lost wages
  • Loss of earning capacity
  • Disability
  • Disfigurement
  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Loss of consortium (spousal relationship)

No matter who caused your wreck, you should be compensated for the injuries that result.

Who’s Liable to The Injured Passenger?

All drivers in New York are required to have a minimum amount of car insurance to cover damages they may cause. So, no matter who is injured in a car accident, the at-fault driver’s insurance company should foot the bill.

A passenger in a car accident can claim the at-fault driver’s insurance company.

Injured Passenger Insurance Claims

If a passenger in a car is injured, the at-fault driver’s insurance company must pay out up to policy limits to cover injuries or deaths that occur.

In some cases, you may be able to file a claim against multiple parties. For instance, if multiple cars were involved, you could file against the driver or vehicle owner of the other cars involved in the crash. Additionally, you may be able to file a claim against the driver of the motor vehicle in which you were riding. Both had a duty to drive safely and ensure passengers of all vehicles were not harmed.

Pursuing Damages When Passengers Know the Driver

When you file an insurance claim, you are not obtaining money from the person you know. Their car insurance company is covering your damages. It’s not uncommon for injured passengers to file claims when they are in the at-fault vehicle.

Your friend or family member who was driving has paid premiums to this insurance company to ensure they are there to cover incidents like these. If their insurance company denies your claim, you may have to file a personal injury claim against the at-fault driver and their insurance company.

However, keep in mind that their actions or inaction caused the accident in the first place. You should not be on the hook for expenses you did not create.

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New York Passenger Injury FAQ

1. What Injuries are Common for Car Accident Passengers?

Some common injuries for passengers in car accidents include airbag burns, broken bones, traumatic brain injuries, lacerations, soft tissue injuries, neck and back injuries, and spinal cord injuries.

2. Can I Use the Same Lawyer as Someone Else in the Wreck?

You should get your own lawyer so there is no conflict of interest during your case. For example, if you use the same attorney as the driver of the motor vehicle you were riding, you may have to file a claim against that driver.

Your attorney would have to choose who to represent. They cannot ethically represent both the plaintiff and defendant in the same case simultaneously.

There is an exception to this. If you were involved in a crash and your child was also involved, both you and your child might select the same attorney to represent you. This can make gathering information and conducting an investigation easier on everyone.

3. Is There a Time Limit for Injured Passenger Claims?

Like most NY personal injury claims, the statute of limitations for an injured passenger in a car accident is three years from the date of the accident. While there are some exceptions to this rule, you should get started on your claim as soon as possible.

Call The Lawyers at HKD For Help

If you were a motor vehicle passenger and severely injured in a crash anywhere in New York City, you should reach out to Hecht, Kleeger & Damashek P.C. right away. Our firm knows how to handle cases like yours and what it takes to get max compensation.

Call HKD today at 212-490-5700 or use the contact form for a free consultation. There’s no fee unless we win.

CLIENT REVIEWS

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07/05/2015

After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…

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