Do I Have a Case If I Was Involved in a Car Accident and Was a Passenger in New York City?
Being injured as a passenger in a New York City car accident can feel especially unfair. You weren’t driving. You didn’t cause the crash. Yet you may be the one dealing with pain, medical bills, missed work, and calls from multiple insurance companies.
The good news: passengers in NYC almost always have a case – and often access to more than one insurance policy.
At Greenstein & Pittari, LLP, our New York City car accident lawyers help injured passengers across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island understand their rights, navigate New York’s no-fault system, and pursue full compensation from every responsible party.
Do Passengers Have a Case After a Car Accident in NYC?
Short answer: In most cases, yes.
If you were a passenger in a car, Uber, Lyft, taxi, bus, or other vehicle in New York City and were injured, you may be able to pursue:
- No-fault (PIP) benefits for medical bills and a portion of your lost wages
- Liability claims or lawsuits against one or more at-fault drivers
- Additional claims against employers, vehicle owners, rideshare companies, or even municipalities in some cases
You may still have a valid NYC passenger injury case even if:
- The at-fault driver is a friend or family member
- Multiple drivers share fault
- You were riding in an Uber, Lyft, taxi, or other for-hire vehicle
- You already started a no-fault claim
- You were visiting New York from out of state
- You don’t have your own auto insurance policy
The important questions are:
- Were you injured in the crash?
- Did one or more drivers act negligently under New York traffic laws?
- Do your injuries meet New York’s “serious injury” threshold or cause significant financial loss?
Our NYC passenger accident attorneys can walk you through these issues during a free consultation and explain exactly where you stand.
Your Rights as an Injured Passenger in New York City
As a passenger, you’re rarely considered at fault simply for being in the vehicle. Under New York law, you have the right to:
- Immediate medical care in NYC hospitals and clinics
- No-fault (PIP) benefits for medical bills, a portion of lost wages, and certain expenses
- Compensation for pain and suffering if you suffered a serious injury
- Bring claims against any negligent driver, not just the one driving your car
- Use your own New York auto policy for Uninsured/Underinsured Motorist (UM/UIM) coverage in many cases
- Hire a New York City personal injury lawyer to handle the insurance and legal process
Depending on the facts of your NYC crash, you may be able to seek compensation from:
- The driver of the vehicle you were in
- Drivers of other vehicles involved
- Employers (if a driver was working at the time)
- Vehicle owners who allowed someone else to drive
- Rideshare or taxi companies
- In some cases, NYC agencies, contractors, or manufacturers, if defective roads, vehicles, or parts contributed
You do not have to choose only one party to pursue if more than one person or entity shares blame.
How New York’s No-Fault (PIP) System Works for Passengers
New York follows a no-fault insurance system, and that applies to most New York City car accidents.
Most injured people – including passengers – start with Personal Injury Protection (PIP) benefits, regardless of who caused the crash.
As a passenger, your PIP claim usually goes through:
- The insurance policy for the vehicle you were riding in, or
- In some situations, your own New York auto policy or another applicable policy
PIP generally covers:
- Reasonable and necessary medical treatment
- A portion of your lost wages
- Certain out-of-pocket expenses, such as transportation to medical appointments in NYC
However, PIP does not cover:
- Pain and suffering
- Emotional distress or PTSD
- Loss of enjoyment of life
- Many long-term, non-economic harms
NYC No-Fault Deadline: 30 Days
You generally have 30 days from the date of the crash to file your no-fault application in New York. Missing this deadline can seriously limit your benefits.
To pursue compensation for pain and suffering and long-term losses, you must either:
- Meet New York’s “serious injury” threshold, or
- Have basic economic losses that exceed $50,000
When Can a Passenger Sue Beyond No-Fault in New York?
Under New York Insurance Law § 5102, you may step outside the no-fault system and bring a fault-based claim or lawsuit when your injuries qualify as a “serious injury.”
Examples of serious injury include:
- Any fracture (broken bone)
- Significant disfigurement
- Permanent loss of use of a body part
- Significant limitation of a body function or system
- Certain medically documented impairments that keep you from your usual daily activities for at least 90 days out of the first 180 days after the crash
- Catastrophic injuries, loss of a fetus, or death
If you meet this New York standard, you may pursue full damages against the at-fault driver(s), including pain and suffering, future medical care, and long-term lost earnings.
Our NYC car accident lawyers for passengers evaluate whether your injuries qualify and build the evidence needed to prove it.
Who Can an Injured Passenger Sue After a NYC Car Accident?
Depending on the circumstances of your New York City crash, your case may involve one or more of the following:
1. The Driver of the Car You Were In
If your driver was:
- Speeding on a Manhattan avenue or Brooklyn street
- Tailgating or making unsafe lane changes
- Distracted by a phone, GPS, or passengers
- Impaired by alcohol or drugs
- Running red lights or stop signs on NYC roads
- Driving aggressively or falling asleep
Their liability insurance may be responsible for your damages beyond no-fault. This can feel awkward when the driver is a friend, family member, coworker, or partner, but remember:
- Your claim is typically against their insurance company, not their personal bank account
- Their premiums may increase because of the crash, whether you make a claim or not
- Liability insurance exists to protect injured passengers in precisely these situations
2. Drivers of Other Vehicles
If another vehicle caused or contributed to the crash, you may have claims against:
- That driver’s liability policy, and
- In some cases, their employer, if they were driving for work in NYC
In many two-car crashes in New York City, fault is shared between drivers. As a passenger, you may be able to pursue both policies to reach a fair recovery.
3. Employers, Vehicle Owners, and Businesses
You may also have claims against:
- Employers of commercial drivers (delivery drivers, company vehicles, rideshare drivers operating in NYC)
- Vehicle owners who allowed someone else to drive
- Trucking or transportation companies
4. Rideshare, Taxi, Bus, and Other For-Hire Vehicles in NYC
If you were hurt while riding in:
- Uber or Lyft in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island
- A yellow cab or livery vehicle
- A black car, shuttle, limo, or other for-hire vehicle
- An MTA bus, city vehicle, or municipal vehicle
You may be covered by:
- The driver’s liability coverage
- The rideshare or taxi company’s commercial or supplemental policies
- Another driver’s policy if they caused the crash
- Your own UM/UIM coverage
These NYC passenger accident cases often involve multiple insurance layers and short deadlines (especially when NYC agencies are involved), but they can also provide substantial coverage for serious injuries.
Common Passenger Injuries in New York City Car Accidents
Passengers in NYC collisions can suffer severe, sometimes life-changing injuries, including:
- Whiplash, neck, and back injuries
- Concussions and traumatic brain injuries (TBI)
- Fractures (arms, legs, ribs, facial bones)
- Spinal injuries, herniated discs, and nerve damage
- Internal injuries and organ damage
- Soft-tissue injuries (sprains, strains, torn ligaments)
- Facial injuries, lacerations, and scarring
- Emotional trauma, anxiety, depression, and PTSD
Some injuries are evident at the scene. Others – especially concussions, soft-tissue injuries, and psychological trauma – may develop over days or weeks. Always seek prompt medical care in New York City and follow up on all symptoms.
What to Do After a Car Accident as a Passenger in NYC
Your health comes first. After that, your actions can significantly strengthen your New York passenger injury claim.
If you can safely do so:
- Call 911
Make sure NYPD and EMS respond, and an official New York City police report is filed. - Get Medical Care Immediately
Even if you “feel okay,” get checked at a hospital or urgent care. This document your injuries and ties them to the NYC crash. - Make Sure You’re Listed as a Passenger
Confirm that the police report correctly identifies you and get information on how to obtain a copy. - Gather Information (If You’re Able)
- Driver and insurance details
- Vehicle information (plates, make, model)
- Witness names and contact info
- Photos and videos of the scene, vehicles, traffic signals, and your visible injuries
- Follow Up with Medical Providers in NYC
Could you keep copies of all records, bills, prescriptions, and discharge instructions? - Start a Journal
Record your pain levels, emotional struggles, missed work, and how the injuries affect your daily life in New York. - Talk to a New York City Car Accident Lawyer Before Dealing with Insurers
Insurance companies move quickly to protect themselves. You should have a NYC personal injury attorney protecting you just as quickly.
If you were too injured to collect information at the scene, our firm can often gather it later through reports, witnesses, and investigation.
Proving Negligence in a NYC Passenger Car Accident Case
To win a liability claim as a passenger, we must show:
- A driver or party had a duty to act safely under New York law
- They breached that duty (negligence)
- The breach caused the crash
- The crash caused your injuries and losses
We build your NYC passenger accident case using:
- NYPD accident reports
- Witness statements
- Dashcam or surveillance footage from nearby buildings or vehicles
- Scene and vehicle damage photos
- Black box/event data recorder information (when available)
- Medical records and expert opinions
- Documentation of lost wages and other financial losses
Our goal is to tell a clear, compelling story of what happened and how it changed your life in New York City.
Dealing With Insurance Companies After a NYC Passenger Accident
After a passenger injury in NYC, you may hear from:
- PIP/no-fault carriers
- Liability insurers for one or more drivers
- Sometimes your own insurer
Insurance adjusters are trained to:
- Minimize your injuries and losses
- Push you toward a quick, low settlement
- Get you to say things in recorded statements that can be used against you
When you hire Greenstein & Pittari, LLP, our NYC car accident lawyers:
- Handle all communication with insurance companies
- Protect you from damaging statements
- Collect and present the evidence that insurers respect
- Negotiate aggressively for a full and fair settlement
- Advise you when a lawsuit in the New York courts is necessary to get justice
What Compensation Can an Injured Passenger Recover in New York?
As an injured passenger in a New York City car accident, you may be entitled to significant economic and non-economic damages.
Economic Damages
- Emergency room and hospital bills
- Surgery, therapy, and rehabilitation
- Future medical care and long-term treatment
- Lost wages and reduced earning capacity
- Costs of prescriptions, medical equipment, and in-home help
- Transportation to medical appointments in NYC
- Repair or replacement of personal property (phone, glasses, laptop, clothing)
- Funeral and burial expenses in wrongful death cases
Non-Economic Damages
- Pain and suffering
- Emotional distress, anxiety, depression, PTSD
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of use of a body part or function
- Loss of consortium or companionship in severe cases
In rare cases involving extreme recklessness (such as drunk driving or racing), courts may also consider punitive damages, but these are case-specific and not routine.
Deadlines: How Long Do I Have to Bring a NYC Passenger Injury Claim?
New York has strict deadlines (statutes of limitations and notice requirements):
- Personal injury claims: generally 3 years from the date of the NYC accident
- Wrongful death claims: generally 2 years from the date of death
- Claims involving NYC or public entities (MTA buses, city trucks, etc.): may require a Notice of Claim within 90 days and shorter lawsuit deadlines
There are exceptions, so it’s critical to speak with a New York City car accident lawyer as soon as possible. Waiting is dangerous – evidence disappears, memories fade, and legal rights can quietly expire.
Are Passengers Ever at Fault in a New York Crash?
In almost all cases, no. You weren’t driving and did not control the vehicle.
Rare exceptions might include:
- A passenger grabs the steering wheel
- A passenger intentionally interferes with the driver
Sometimes the defense may argue your injuries were worse because you weren’t wearing a seatbelt or knowingly rode with a drunk or reckless driver. In those situations:
- You can often still make a claim
- New York’s comparative fault rules may reduce your compensation, but they rarely bar recovery entirely
We work to push back against unfair attempts to blame you for what happened on New York City streets.
FAQs: NYC Passengers in Car Accidents
1. Do I really have a case if I was “just” a passenger in a New York City crash?
Yes. Passengers often have stronger claims than drivers because they did not control any vehicle. You may have:
- No-fault benefits
- Claims against one or more drivers
- Claims against employers, rideshare companies, or public entities
The real questions are how serious your injuries are, what insurance exists, and what deadlines apply – all of which we can review in a free NYC car accident consultation.
2. Can I claim if the at-fault driver is a friend or family member in NYC?
Yes. Your claim is effectively against their insurance company, not them personally. We handle these cases discreetly and sensitively, focusing the fight on the insurer, not your relationship.
3. Can I sue both drivers if they share blame in a New York City crash?
Often, yes. If both the driver of your vehicle and another driver contributed to the crash, you may pursue claims against both insurers. This is especially important when a single policy isn’t enough to cover your losses.
4. What if I wasn’t wearing a seatbelt in a NYC car accident?
Not wearing a seatbelt does not automatically bar your claim. It may allow the defense to argue that some injuries were worse because you were unrestrained, and your compensation could be reduced – but you may still recover substantial damages.
5. What if I were in an Uber, Lyft, taxi, or other for-hire vehicle in New York City?
You may be covered by:
- The driver’s liability coverage
- The rideshare or taxi company’s commercial policy
- Another driver’s policy
- Your own UM/UIM coverage
These NYC rideshare and taxi accident cases often involve multiple layers of insurance. Our attorneys sort through those layers to seek maximum recovery.
6. I don’t have my own auto insurance. Can I still make a passenger claim in NYC?
Yes. As a passenger, you may be covered by:
- The vehicle’s no-fault policy
- The at-fault driver’s liability policy
- Other available coverage depending on the facts
You do not need your own auto policy to have rights as an injured passenger in New York City.
7. Will I have to go to court in New York?
Not always. Many NYC passenger cases are resolved through settlements. However, if the insurance company denies your claim or refuses to be fair, we’ll be honest about your options – including filing a lawsuit in New York courts and asking a jury to decide.
8. How soon should I contact a NYC car accident lawyer after the crash?
As soon as you reasonably can. Early involvement helps us:
- Preserve critical evidence
- Protect you from harmful statements to insurers
- Make sure no-fault and legal deadlines are met
- Start building your case while facts are still fresh
There is no downside to getting legal guidance early – but waiting can be very costly.
Why Injured Passengers Choose Greenstein & Pittari, LLP in New York City
- NYC-Focused Personal Injury Firm
We concentrate on severe injury cases in New York City and the surrounding area, including complex and municipal vehicle crashes. - Passenger-Focused Strategies
Passenger cases often involve multiple drivers and insurance policies. We know how to navigate that complexity and find every available source of coverage. - Local, Convenient Offices
We have seven convenient locations throughout New York – including Harlem, the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County. Your convenience is our priority. - Bilingual Services Available
We proudly serve New York’s diverse communities. - Top-Rated, Award-Winning Lawyers
Recognized by leading legal publications and supported by hundreds of positive client reviews and testimonials. - No Fee Unless We Win – Our Fee Guarantee
- No upfront fees
- No hourly bills
- We only get paid if we recover money for you
- “Don’t Be a Victim Twice.”
Our firm motto reflects our approach: you’ve already been the victim of a crash – don’t let the insurance companies make you a victim again.
Talk to a New York City Passenger Injury Lawyer Today
You didn’t cause this crash. You shouldn’t be left to carry the physical, emotional, and financial burden alone.
If you were a passenger in a car accident anywhere in New York City, Greenstein & Pittari, LLP is ready to:
- Listen to your story
- Answer your questions in plain language
- Explain your rights under New York law
- Investigate what happened
- Handle the insurance companies
- Fight for the medical care and compensation you need to move forward
Free Consultation · No Fee Unless We Win
You can call 1-800-VICTIM2 (1-800-842-8462) or complete our online contact form today to schedule your free, confidential consultation with an NYC car accident passenger lawyer.
Don’t Be a Victim Twice. Let us deal with the legal and insurance battles – while you focus on healing and rebuilding your life in New York City.