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Being a passenger in a car accident puts you in an unusual position. You didn’t cause the crash. You weren’t driving. But you’re injured, and now you’re trying to figure out who’s responsible and how to get your medical bills covered. The answer isn’t always as simple as pointing at the driver who caused the accident.
New Jersey law gives passengers real rights after an accident. Understanding how those rights work practically is the starting point for protecting them.
New Jersey’s No-Fault System and How It Applies to Passengers
New Jersey operates under a no-fault insurance system for car accidents. After a crash, injured parties typically look first to their own Personal Injury Protection coverage for medical expenses and lost wages, regardless of who caused the accident.
As a passenger, you don’t have your own auto policy covering the vehicle you were in. But under New Jersey Statute 39:6A-4, you can access PIP coverage through several sources in a specific order. The vehicle you were riding in is typically the first source. If that policy’s limits are exhausted, your own auto insurance policy, if you have one, becomes available. If you don’t have auto insurance, a family member’s policy may apply.
PIP covers medical expenses and lost wages up to the policy limits. But for serious injuries, that coverage often isn’t enough.
Pursuing a Claim Beyond PIP
When injuries are serious, passengers have the right to pursue additional compensation from the at-fault driver or drivers through a liability claim. If the driver of the car you were in caused the accident, you can pursue a claim against their liability insurance. If another driver caused the accident, you pursue their insurance. If both drivers share fault, both can be pursued.
Pursuing a claim against the driver of the car you were riding in can feel uncomfortable, particularly when that person is a friend or family member. But the claim is against their insurance, not them personally. Most people understand that. Don’t let discomfort stop you from pursuing compensation you’re legally entitled to.
A Wayne personal injury lawyer can help you identify every source of coverage available and map out the right approach for your specific situation, without any requirement that the case go to court.
What Passengers Can Recover
As an injured passenger, the same categories of damages available to drivers are available to you. That includes:
- Medical expenses, past and future
- Lost wages and reduced earning capacity
- Pain and suffering
- Permanent injury or disability
Because you were clearly not at fault for the accident as a passenger, comparative fault arguments that insurers often use to reduce claims simply don’t apply in the same way. That’s a meaningful advantage in the claims process.
Getting the Process Started
Law Offices of David A. DiBrigida has helped New Jersey accident victims understand their rights and pursue fair compensation since 1992. If you were injured as a passenger in a Wayne area accident, reach out to a Wayne personal injury lawyer to go over what happened and find out what coverage is available and what your claim may be worth.
