If you were injured as a passenger in a New York car accident, you have the right to seek compensation for your injuries and related damages. The answer to “Who can I sue?” depends on who caused the accident, the available insurance coverage, and whether your injuries meet New York’s Serious Injury Threshold.
Our award-winning New York car accident lawyers will identify every potentially liable party and source of recovery, then take action to pursue the full and deserved compensation you are owed.
Who Are the Potential Liable Parties After a Passenger Is Injured in a Car Accident?
If you were a passenger injured in a New York car accident and your injuries meet the state’s Serious Injury Threshold (§ 5102(d) of the Insurance Law), you may be able to sue one or more of the following parties in a personal injury lawsuit:
1. The Driver of the Vehicle You Were In
If the driver you were riding with caused or contributed to the crash, you can sue them.
Example: Your friend was speeding and lost control, causing a collision that left you with a fractured leg. You may file a lawsuit against their insurance policy.
2. The Other Driver(s) Involved in the Crash
If another driver caused or partially caused the accident, you may sue them as well. In multi-vehicle collisions, you can sue multiple drivers, with damages apportioned under New York’s comparative negligence law (§ 1411 of the CPLR).
Example: Another vehicle ran a stop sign, but your driver was also texting. You could bring claims against both drivers.
3. Rideshare Companies (Uber or Lyft)
If you were injured as a passenger during an Uber or Lyft ride, the rideshare company’s insurance coverage may apply in addition to the driver’s personal policy.
- Logged in, waiting for a ride: Minimum $75,000 per person / $150,000 per accident liability coverage.
- En route or transporting a passenger: At least $1.25 million in liability coverage and $1.25 million in UM/UIM coverage.
4. Commercial Vehicle Owners and Employers
If the at-fault driver was operating a work vehicle, you may sue both the driver and their employer under New York’s vicarious liability law (§ 388 of the Vehicle and Traffic Law).
Example: You were struck by a delivery truck whose driver was on the clock. The delivery company may be liable for your injuries.
5. Vehicle or Parts Manufacturers
If a mechanical defect — such as faulty brakes or airbags — caused or worsened the crash, you may sue the vehicle or parts manufacturer under product liability law.
6. Government Entities and Road Maintenance Contractors
If the crash was caused by unsafe road conditions, defective traffic signals, or poor signage, you may have a claim against the municipality or contractor responsible for road maintenance. Special notice and filing deadlines apply.
What Insurance Benefits Can Passengers Use for Compensation After a Car Accident?
As an injured passenger, not all of your compensation will come from suing someone. You may also be able to collect from certain insurance benefits that cover passengers regardless of who was at fault.
How Does No-Fault Insurance Work for Injured Passengers?
If you are injured as a passenger in a New York car accident, no-fault insurance will help cover your basic economic losses — no matter who caused the crash. Under § 5103 of the Insurance Law, you can receive up to $50,000 for medical expenses, a portion of your lost wages, and certain out-of-pocket costs. This coverage applies whether the at-fault driver was the one you were riding with or another vehicle entirely.
How Does Uninsured/Underinsured Motorist Coverage Apply to Passengers?
If the at-fault driver has no insurance, inadequate coverage, or flees the scene in a hit-and-run, you may recover under UM/UIM coverage from:
- The driver’s policy of the car you were in
- Your own auto insurance policy
- A household family member’s policy
Injured as a Passenger? Call Lever & Ecker
If you were injured as a passenger in a car accident, our New York personal injury attorneys are ready to help you understand your legal options. Insurance companies don’t like paying out claims and will do everything in their power to minimize your compensation. With over 70 years of combined experience, our award-winning lawyers have what it takes to protect your rights. We take personal injury cases . . . very personally. Call (914) 288-9191 or contact us online to schedule a free consultation.
