Brooklyn Car Accident Attorney Samantha Kucher Explains Compensation for Injured Passengers

BROOKLYN, NY - Passengers injured in a car accident in New York may be entitled to compensation for medical bills, lost wages, and pain and suffering, though the amount depends on several legal factors. Brooklyn car accident attorney Samantha Kucher of Kucher Law Group (https://www.rrklawgroup.com/how-much-money-can-a-passenger-in-a-car-accident-get/) is explaining how passenger claims work under New York's no-fault insurance system, what the serious injury threshold requires, and how rideshare accidents are handled differently.

According to Brooklyn car accident attorney Samantha Kucher, the amount a passenger can recover depends primarily on the severity of injuries, available insurance coverage, and whether the claim meets New York's serious injury threshold. Under New York Insurance Law Section 5102, Personal Injury Protection benefits provide up to $50,000 per person regardless of fault, covering initial medical expenses, a portion of lost wages, and certain related costs. "PIP is designed to get medical care started quickly," Kucher explains. "But it does not come close to covering the full cost of a serious injury, and it does not include pain and suffering."

Brooklyn car accident attorney Samantha Kucher notes that to pursue compensation beyond no-fault benefits, a passenger must meet the serious injury threshold under Insurance Law Section 5102(d). Qualifying conditions include bone fractures, significant disfigurement, permanent loss of use of a body organ or system, and medically determined injuries preventing usual daily activities for at least 90 of the 180 days following the crash. Under Section 5104, meeting this threshold is a prerequisite for pursuing non-economic damages.

Attorney Kucher points out that passenger injuries commonly include whiplash, fractures, traumatic brain injuries, spinal cord damage, and internal organ injuries. Severity directly affects claim value. "Passengers with injuries requiring surgery, causing permanent limitations, or preventing a return to work typically recover significantly more than those with minor soft tissue complaints," the attorney adds.

For passengers injured in a rideshare vehicle, the available insurance depends on where the trip originated and the specific policy covering the for-hire vehicle involved. Attorney Kucher explains that New York's Department of Financial Services has stated that Vehicle and Traffic Law Article 44-B does not apply to prearranged trips originating in New York City. Instead, the New York City Taxi and Limousine Commission requires TLC-licensed vehicles to maintain insurance that complies with TLC rules and state law. Outside New York City, Article 44-B generally requires at least $1,250,000 in liability coverage and $1,250,000 in uninsured and underinsured motorist coverage during an active prearranged trip.

Under CPLR Section 1411, New York follows pure comparative negligence. Attorney Alex Rybakov at the firm notes that passengers are rarely found at fault for the accident itself, since they have no control over the vehicle. However, factors such as failing to wear a seatbelt can reduce recovery if they contributed to the severity of injuries. "Even in cases where some fault is assigned to the passenger, New York law still allows recovery, unlike states that bar claims once fault exceeds a certain threshold," Rybakov explains.

The firm handles passenger accident claims throughout Brooklyn and the surrounding boroughs, including cases filed at the Supreme Court, Civil Term, at 360 Adams Street in Downtown Brooklyn. Kucher advises injured passengers to seek medical attention immediately, document the accident scene, file the no-fault application within the 30-day deadline, and avoid speaking with insurance adjusters before consulting an attorney.

Under CPLR Section 214, passengers generally have three years from the date of the accident to file a personal injury lawsuit. Claims involving government-owned vehicles, such as city buses, require a Notice of Claim within 90 days and a lawsuit within one year and 90 days. Wrongful death claims must be filed within two years of death.

For injured passengers in Brooklyn, consulting an experienced car accident attorney can help clarify insurance coverage, evaluate whether the serious injury threshold is met, and pursue fair compensation.

About Kucher Law Group:

Kucher Law Group is a Brooklyn-based personal injury firm serving clients throughout Kings County and New York City. Led by attorney Samantha Kucher, together with Michael Roitman and Alex Rybakov, the firm handles car accidents, rideshare crashes, slip and fall cases, and other injury matters. For consultations, call (929) 563-6780.

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