Car accidents can be traumatic for everyone involved, but passengers often feel especially vulnerable. Unlike drivers, passengers have no control over the situation, yet they may suffer serious injuries, emotional distress, and significant financial hardship. Fortunately, New Jersey law provides injured passengers with several paths to seek compensation. In nearly every car crash scenario, passengers are considered innocent third parties. That means they are rarely held responsible for causing the accident and typically have the legal right to recover damages for injuries. 

Whether the driver of your vehicle was at fault or another motorist caused the collision, you may have a valid claim. New Jersey operates under a no-fault insurance system, which means your initial medical bills will usually be covered by the Personal Injury Protection (PIP) benefits of the driver’s insurance policy. However, this only applies up to a certain limit. If your injuries are severe or your expenses exceed PIP coverage, you may be eligible to file a personal injury claim against the liable party or parties.

Who Is Legally Responsible When a Passenger Is Injured?

Liability in car accident cases can be complex, but one thing is clear: passengers have the right to pursue compensation from any party who contributed to the accident. This could include:

• The driver of the vehicle you were riding in
• Another driver involved in the crash
• Multiple drivers, if fault is shared

New Jersey follows a comparative negligence model, which means more than one person can be held legally responsible for a single accident. As long as the passenger did not contribute to the crash (which is typically the case), they can seek full damages from one or more liable parties. It’s also important to know that passengers can file claims even if the at-fault driver is a friend, coworker, or relative. 

While some people are hesitant to take legal action in these situations, keep in mind that compensation usually comes from the insurance company—not directly from the individual. If you have questions about who may be responsible for your injuries, our experienced car accident attorneys can help evaluate your situation and explain your legal options.

What Types of Compensation Are Available to Injured Passengers?

If you’ve been injured as a passenger in a car crash, you may be entitled to receive compensation for a wide range of losses. The specific amount and type of compensation will depend on the severity of your injuries and the circumstances of the collision, but common categories include:

• Medical expenses: Hospital bills, physical therapy, surgeries, medications, and future treatment needs
• Lost wages: Compensation for time missed at work or a reduced ability to earn income in the future
• Pain and suffering: Physical discomfort, emotional distress, and loss of enjoyment of life
• Permanent disability: Compensation for lasting impairments or disfigurement
• Out-of-pocket expenses: Travel to appointments, medical equipment, or other related costs

Keep in mind that insurance companies are often quick to minimize or deny injury claims, especially when the damages are not outwardly visible. Soft tissue injuries, concussions, and emotional trauma may not show up immediately but can have long-term consequences. That’s why documenting everything—from the scene of the crash to your medical treatments—is vital for building a strong case.

Special Considerations for Passenger Claims in New Jersey

While passengers do have the right to compensation, there are a few legal nuances that can impact your ability to file a claim. For example, if you live in the same household as the driver—such as a spouse or family member—you may be covered under their insurance policy as a named insured. Some policies include “household exclusions,” which could limit or block your ability to recover damages from that policy. 

Another consideration is whether the vehicle owner gave you permission to be a passenger. If the driver did not have permission to use the car (such as in cases of stolen or unauthorized use), you may run into obstacles when trying to file a claim. Additionally, if the crash occurred while you were using a rideshare service like Uber or Lyft, different insurance rules may apply. 

Lastly, every injury claim is subject to New Jersey’s statute of limitations. For most personal injury cases, you have two years from the date of the accident to file a lawsuit. Missing this deadline could permanently bar you from seeking compensation, so it’s crucial to take legal action as soon as possible.

What Steps Should Passengers Take After a Car Crash?

If you’ve been involved in a car accident as a passenger, the steps you take in the following hours and days can have a major impact on your health and your legal claim. Here’s what you should do:

• Get medical attention immediately. Even if you feel fine, some injuries—like whiplash or internal bleeding—can take time to surface.
• Collect insurance information from all drivers involved in the accident. This includes names, policy numbers, and license plate numbers.
• Request a copy of the police report. This official document can support your version of events and indicate who was cited or found at fault.
• Take photos of the scene, your injuries, and any damage to the vehicles involved.
• Keep a record of all your medical visits, prescriptions, missed workdays, and other accident-related expenses.
• Speak to an attorney before accepting any settlement offer from an insurance company.

Many people make the mistake of assuming they’ll automatically be taken care of as passengers. Unfortunately, that’s not always the case. Insurance adjusters are trained to minimize payouts, and without legal representation, you may receive far less than you deserve.

Contact Lee Law Firm if You’ve Been Hurt in a New Jersey Car Accident

If you’ve been injured as a passenger in a car accident, don’t wait to protect your rights. Contact us today to schedule a free consultation and let us help you pursue the compensation you need to move forward.