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If you were a passenger in a car accident, it is important to recognize that you have a right just to file a personal injury claim against the negligent party just like the driver does. Read on to learn more and speak with a skilled New York City personal injury attorney about your options.

Do I qualify for a personal injury claim as a passenger in a car accident?

Passengers who were injured in a car accident are eligible to recover the same economic and non-economic damages as the driver in a car accident. Economic damages involve current and future medical bills, lost wages, medical equipment, and outside assistance, and non-economic damages include emotional distress, pain and suffering, and loss of independence, among others.

Before filing a personal injury claim, your attorney will first submit a claim to the negligent party’s insurance company. If they are reluctant to bargain a fair settlement that fully compensates for your injuries, then your attorney will go forth with filing a personal injury claim.

If the claim is against the host driver, normally the main worry is that your relationship will suffer as a result, as they will likely be a friend, family member, or otherwise. However, it is critical to recognize that your claim is not directed at them, but instead, at their insurance company. So you are not hurting their personal finances in the process of fighting for compensation.

Basically, regardless of your relationship with the driver, or if you are a passenger in the crash, you should do what is in your best interest and file a claim if you are suffering from long-term injuries, facing heavy medical bills or lost wages, or otherwise facing significant physical, emotional, and financial burdens.

What steps should I take immediately after a car accident as a passenger?

To ensure that your personal injury claim is credible, you must satisfy the burden of proof. To do so, you should first call 911 immediately after your accident. Law enforcement officers will arrive to conduct a report and call medical attention. Once they are on the scene, you should seek medical treatment as soon as possible. In the meantime, make sure that you gather the contact information from all parties involved. This includes their name, number, driver’s license information, and insurance company information. Furthermore, take pictures and videos of the scene to document all damages. If there are witnesses present, ask for their contact information. You will want to gather any and all medical documents that are related to your injuries from the accident. Then, reach out to a qualified New York City auto accidents attorney who can help you craft your claim.

Contact Our New York City Firm

If you have been injured in a New York City accident, Swerling Law is here to help. Contact Swerling Law today to schedule your free initial consultation with our firm.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.


Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.


Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

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