Levine & Slavit | February 3, 2026

When vehicles collide, it’s not just the drivers at risk of injury. Passengers could become hurt in the crash and require costly medical care. But can they sue the driver for compensation?

If a passenger sustains an injury in a car accident in NYC, they may be able to pursue compensation by filing a personal injury claim. The process can vary depending on the circumstances, however. The legal team at Levine & Slavit, PLLC, is here to break down what you need to know. 

No-Fault Insurance Coverage in New York

As an injured passenger, you may file a compensation claim through the driver’s auto insurance policy. New York law requires all motorists to carry Personal Injury Protection insurance, which helps cover medical bills and lost wages following an accident. These policies can compensate injured parties, regardless of who was at fault in the accident. 

Say you’re riding in a vehicle where the driver becomes distracted and rear-ends another car. They may bear fault in the accident, but you can file a claim with their insurance provider for compensation. The same situation would apply if you were hurt as a passenger in the rear-ended vehicle. 

If you meet the criteria for New York’s “serious injury” threshold, you may be able to file a third-party claim in addition to using PIP insurance. 

Who Is Liable for a Serious Passenger Injury in a Car Accident in NYC?

While PIP insurance can compensate you for some damages, it may not adequately cover your losses. Seeking additional compensation may be possible if you meet any of the state’s “serious injury” threshold standards. This includes dismemberment, fractures, or the permanent loss of function of an organ, system, or body member. 

You could potentially take legal action against at-fault parties like:

  • The person driving you: If the person driving you is responsible for an accident, you could sue them for damages. 
  • Another motorist: Other drivers involved in the crash may exhibit negligence and could be liable for your serious injuries. 
  • Commercial vehicle operators: Were you struck by a truck, bus, or other commercial vehicle? The company operating it may be liable. 
  • Parts manufacturers: A crash stemming from faulty brakes or other defective vehicle parts could render the manufacturer liable for your injuries. 
  • Rideshare companies: Companies like Uber and Lyft extend many passenger rights to those paying for rideshare services. 
  • Government entities: Municipalities may contribute to accidents by failing to maintain roadways. 

Work with an experienced car accident lawyer to review the nature of the crash, whether you have grounds to sue, and who may be liable for your injuries. 

Evidence That May Support Your Claim

Before filing a personal injury claim against an at-fault party, you’ll need to collect strong evidence supporting your claim. In car accident cases, potential pieces of evidence include:

  • Police accident reports
  • Photos of the crash scene
  • Statements from eyewitnesses
  • Dashcam or available surveillance footage
  • Medical records detailing your injuries
  • Accident reconstruction visuals

A seasoned attorney could help you gather evidence and build a compelling case. 

Discuss Your Case With a Lawyer From Levine & Slavit, PLLC

Were you recently hurt as a passenger in a New York City car accident? You may be able to file a compensation claim against the at-fault driver. For help with passenger injury car accident cases, NYC liability laws, and more, turn to Levine & Slavit, PLLC. 

Our firm has over 50 years of experience and is committed to protecting our clients’ interests. Reach out to us online or call (917) 725-7133 to request a free consultation.