A passenger in a motor vehicle accident has multiple avenues of recovery.
First, in NY medical bills from a car accident are paid by the insurance company of the vehicle you are in (the host).
If you also own a vehicle or are a resident relative of someone you live with who owns a vehicle, depending upon your car insurance coverage, you may have additional no fault benefits available to you (beware of filing deadlines).
As far as “pain and suffering”, if your injuries qualify as “serious” under Insurance Law 5102 (d), you can seek recovery against any person/vehicle who has at least 1% fault for the happening of the accident under joint and several liability.
In law, joint and several liability makes all parties in a suit responsible for damages up to the entire amount awarded. That is, if one party is unable to pay, the others named must pay more than their share.
If the car you are in has no liability and you get a full tender from the “fault car”, you may be able to collect additional monies under the SUM (supplemental underinsurance) coverage of the host. In addition, your own auto policy or one in your household may also be applicable if your injuries warrant.
Since there are so many moving parts, it is best that you consult with an attorney who practices in the area of personal injury.
