Being involved in a car accident as a passenger can be frightening and confusing. Unlike drivers, passengers usually have no control over what led to the crash—yet they often suffer significant injuries. In New Jersey, passengers have legal rights to seek compensation for medical expenses, lost wages, and pain and suffering. Understanding how passenger injury claims work is essential if you have been hurt in a crash.
Passengers’ Right to Compensation
New Jersey law allows passengers to pursue compensation if they are injured in a car accident, regardless of which driver was at fault. Since passengers are rarely considered responsible for causing a collision, they generally have a strong legal position when seeking damages. Their claim may be brought against:
- The driver of the vehicle they were in – if that driver’s negligence caused the crash.
- The driver of the other vehicle – if that driver was responsible.
- Both drivers – in cases of shared fault.
Because New Jersey follows a no-fault insurance system, the first step for most injured passengers is filing a claim under the Personal Injury Protection (PIP) coverage available through the driver’s insurance policy. If the passenger owns a vehicle and has their own auto insurance, they may use their own PIP coverage first.
When a Lawsuit May Be Necessary
PIP coverage pays for medical bills and certain economic losses, but it does not cover pain and suffering unless the injuries meet the legal threshold for filing a lawsuit. In New Jersey, this threshold is known as the “verbal threshold” or “limitation on lawsuit” option. Passengers can file a personal injury lawsuit if they suffer one of the following:
- Significant or permanent loss of a body part or function
- Significant scarring or disfigurement
- Displaced fracture
- Loss of a fetus
- Death (a wrongful death claim can be filed by surviving family members)
If the injuries are severe enough to meet these criteria, a passenger may seek additional damages in court, including compensation for pain and suffering and other non-economic losses.
Proving Negligence
To succeed in a lawsuit, the passenger must prove that one or more drivers were negligent. This means showing that the driver breached their duty to operate the vehicle safely and that this breach caused the passenger’s injuries. Evidence such as police reports, witness testimony, traffic camera footage, and medical records can all play an important role in establishing liability.
Comparative Negligence and Multiple Defendants
New Jersey applies a modified comparative negligence rule. If multiple drivers share fault for the accident, each may be responsible for a percentage of the damages. A passenger can recover compensation from more than one at-fault party, which can be helpful when one driver’s insurance coverage is not enough to cover the total losses.
Special Situations: Suing Friends or Family
Some passengers feel hesitant about bringing a claim if the at-fault driver is a friend or family member. It is important to remember that these claims are usually paid by the driver’s insurance company, not out of their personal savings. Pursuing a claim ensures that medical bills and other costs are covered, which can relieve financial strain for both the passenger and the driver.
Steps to Take After an Accident
If you were injured as a passenger, take the following steps:
- Seek medical attention immediately, even for minor injuries.
- Document the accident by taking photos and obtaining contact information from all drivers and witnesses.
- Report the crash to the police and request a copy of the report.
- Notify the insurance company promptly to start the PIP claim process.
- Consult a personal injury attorney to evaluate whether you have a claim beyond PIP coverage.
Conclusion
Passengers have strong legal protections under New Jersey law. Whether the accident was caused by the driver of your vehicle, another driver, or both, you may have the right to recover compensation for your injuries. Understanding the no-fault system, the verbal threshold, and the process for proving negligence can help you make informed decisions about your next steps. Speaking with an experienced attorney can ensure that your rights are protected and that you pursue the full compensation you deserve.