What to Do After a Car Accident as a Passenger

If you are a driver in a car accident, things are certainly stressful, but as a passenger, you may feel totally powerless. You typically have no control over anything that happens in a car accident where you are a passenger, but you still may have serious injuries and financial consequences. Many people wonder if a passenger has rights in a car accident, and they don't know who will pay their medical expenses or how they can protect themselves.

Vehicle passengers in a car accident have legal protections. Understanding these rights and knowing what to do after a car accident as a passenger can make a big difference in recovery and financial compensation for your injuries.

Step 1: Check for Injuries and Safety at the Accident Scene

The first step is to check for injuries sustained in the crash. If possible, get to the side of the road or outside of the line of traffic. Even if the accident seems minor, it's important to call 911 if there are injuries. Even minor injuries can turn in serious injuries, as conditions like whiplash, head trauma, or internal bleeding might not have symptoms for hours or even days after.

Step 2: Call the Police

Sometimes, a passenger in a car accident assumes that the driver will take care of everything following a car accident. However, as a passenger, it's also important to make sure the police is called. Sometimes, a driver might think it's best to not get police involved, but you need to put your best interest front and center. Having a police report could be extremely important if you file a personal injury claim.

Step 3: Gather Information

While it's important for drivers to exchange information, passengers should do the same. You should ask for:

• The names and contact information of all drivers involved

• Driver’s license numbers

• License plate numbers

• Insurance company names and policy numbers

• Contact information for any witnesses

Having this information ensures that, as a passenger, you can pursue an insurance claim without relying solely on the information collected by the driver.

Step 4: Document the Scene

Passengers can also play a key role in documenting the accident scene. Use a phone to take photos or videos of:

• The vehicles involved

• Visible damage

• Traffic signals or road conditions

• Any visible injuries

These details might be essential to show how the crash occurred and who was at fault in the accident.

Step 5: Seek Medical Attention After an Auto Accident

As a passenger, even if you feel fine following the crash, it's still a good idea to get medical attention. A doctor can identify the early symptoms of concussions, internal injuries, and whiplash. Seeing a doctor will also create a connection between the injuries you have and the accident. Sometimes, the at fault driver's insurance company will try to say the injuries were caused by something else to pay as little as possible.

Step 6: Notify Insurance Companies as an Injured Passenger

New York is a no-fault insurance state. This means that accident victims generally can seek coverage for medical expenses and lost wages from the driver's own insurance company, as they are legally required to have insurance including Personal Injury Protection (PIP) coverage.

After filing with the driver's insurance policy, if it doesn't cover medical expenses, filing insurance claims with other insurance, like a health insurance company, might be possible. However, it's best to speak with a personal injury attorney before doing anything else. They can also consult on what to do after a car accident with an uninsured driver.

Step 7: Understand Liability as a Passenger When Injured in a Car Crash

One of the most common questions that passengers have following a car accident is "whose insurance covers me?" Oftentimes, it depends on who caused the accident:

• If the driver of the other vehicle was at fault: Passengers may file a claim against that driver’s bodily injury liability insurance.

• If the driver of the vehicle they were in was at fault: Passengers may file against that driver’s bodily injury coverage, in addition to PIP.

• If both drivers shared fault: Passengers may pursue claims against both policies.

Passengers are rarely considered at fault unless their actions directly contributed to the crash (for example, distracting the driver).

Step 8: Keep Records of Expenses and Symptoms

After an accident, passengers should keep track of all accident-related costs, including:

• Medical bills and medical records

• Prescription costs

• Lost income from missed work

• Transportation to medical appointments

• If you require ongoing medical treatment, keep a record of that, too

Keeping a personal journal of symptoms, pain levels, and physical limitations can also strengthen a claim for compensation if you file a personal injury lawsuit.

Step 9: Contact a Car Accident Lawyer

Passengers often face unique challenges when filing claims, which is why an experienced personal injury attorney should always be consulted. Insurance companies may dispute liability, minimize injuries, or delay payments. In some cases, passengers may feel uncomfortable filing a claim against the driver they know personally, but a car accident claim may be the only way to recover compensation.

Working with an experienced car accident attorney helps passengers navigate these challenges and work through the legal process. The Law Office of Carl Maltese regularly assists passengers injured in crashes, ensuring they receive the compensation they need for medical care, lost wages, and pain and suffering through a fair settlement. For more information, a car accident lawyer in Long Island may be able to help.

Step 10: Avoid Common Mistakes

Passengers can unintentionally weaken their claims by making certain mistakes, such as:

• Assuming the driver will handle everything having to do with insurance coverages

• Delaying medical treatment if you've suffered injuries

• Posting about the accident on social media

• Not taking the time to gather evidence

• Accepting early settlement offers without legal advice

Avoiding these errors helps protect both health and financial recovery in a personal injury case.

Unique Considerations for Passengers

Unlike drivers, passengers have no control over the operation of the vehicle, which strengthens their legal standing in most cases. Still, passengers should be aware of unique scenarios:

• Rideshare Accidents (Uber/Lyft): Different insurance rules apply, and coverage depends on whether the driver was logged into the app.

• Accidents with Family or Friends Driving: Some passengers hesitate to file claims against loved ones. However, claims are typically handled through insurance companies, not out-of-pocket payments.

• Accidents with Uninsured Drivers: Passengers may use their own uninsured/underinsured motorist coverage if available.

Contact the Law Office of Carl Maltese - A Car Accident Attorney with a Free Consultation

As a passenger in a car accident, it is easy to feel powerless. However, New York law provides passengers with important rights and protections. By seeking medical care, documenting the scene, filing under the proper insurance policies, and consulting with an attorney, passengers can recover the compensation they deserve. They're can advise on what to do after a car accident caused by bad weather as well.

The Law Office of Carl Maltese stands ready to help injured passengers across Long Island. Whether dealing with minor injuries or life-changing consequences, the firm works tirelessly to protect the rights of those who had no control over the accident but now face its aftermath.