New York Law (NYLE) Practice Exam

When a passenger is injured in a vehicle accident, from which vehicle should she seek to recover medical expenses?

1. The vehicle driven by the negligent party.

2. The vehicle she was riding in, regardless of who was at fault.

3. Both vehicles involved in the accident.

4. Whichever vehicle she chooses to sue for damages.

The correct answer is: The vehicle she was riding in, regardless of who was at fault.

The correct answer is based on the principle of personal injury protection (PIP) and no-fault insurance laws, which are particularly relevant in New York. Under these laws, a passenger involved in a vehicle accident may seek to recover medical expenses from the vehicle they were riding in, regardless of who was at fault for the accident. This is an important aspect of the no-fault system, which is designed to provide immediate medical coverage to injured parties without determining fault in the accident. Therefore, the passenger is entitled to make a claim for medical expenses from their own vehicle's insurance policy or the policy of the vehicle in which they were a passenger, irrespective of any negligence exhibited by either driver involved in the accident. In this context, focusing on the specific vehicle in which the passenger was riding emphasizes the benefits of the no-fault insurance system, allowing for prompt compensation while alleviating the need to engage in a potentially lengthy and contentious fault determination process. The other options do not align with these principles, as they might suggest a more complicated approach to recovery that is not aligned with the straightforward provisions of no-fault insurance laws.