Passengers can sustain serious and fatal injuries in motor vehicle accidents. This was the case recently in Nassau County when a 21-year-old passenger was killed when the impaired driver, who was also 21, of the vehicle in which she was traveling ran into a parked tractor-trailer. The driver is now facing charges of DWI and vehicular manslaughter.
Filing a Claim When Injured as a Passenger
Fortunately, most passengers aren’t killed in motor vehicle accidents. But if they sustain injuries, they’ll have to file a claim to recover compensation for their medical bills and other damages. Filing a personal injury claim will attribute the cause of your injuries to a person or entity and will require filing of paperwork, dedication to a treatment plan prescribed by your doctor, and possible appearance before a court.
New York is a no-fault state. Drivers must carry Personal Injury Protection (PIP) that covers drivers and passengers in the insured vehicle. This coverage is available regardless of who was at fault. The benefits are that many receive payment quickly and it covers up to $50,000 per person.
This takes care of medical and hospital expenses, 80 percent of lost income from inability to work, and other injury-related expenses. A $2,000 death benefit is also available under PIP coverage in addition to the $50,000 limit.
Of course, there may be limitations to what’s covered. For instance, noneconomic losses such as pain and suffering aren’t covered. Individuals who suffer serious injury can file a claim against an at-fault party if they suffer pain and suffering. Passengers may also be able to file a claim against an at-fault driver if the economic damages are in excess of PIP coverage.
Get Legal Help if Injured as a Passenger in a Car Accident
If you were seriously injured in a motor vehicle accident as a passenger, talk to an attorney about your options to recover compensation. Call Gacovino, Lake & Associates to set up a consultation – 800-246-4878.
