Passengers can suffer some of the most serious injuries in a car accident even though they had no control over either vehicle involved. If you were riding with a friend, family member, coworker, rideshare driver, or someone else when a crash occurred in New Jersey, you may have several potential sources of compensation.
The fact that you were not driving can simplify certain liability questions, but New Jersey's auto insurance system can still make passenger injury claims complicated. Medical benefits, liability insurance, uninsured motorist coverage, and the state's rules governing lawsuits for pain and suffering may all affect a claim.
At Mallon and Tranger, we help injured passengers understand which insurance policies may apply and who may ultimately be responsible for their losses.
Yes. An injured passenger may be able to pursue compensation after a New Jersey car accident when another person's negligence caused the injuries.
Unlike the drivers, a passenger usually is not responsible for causing the collision itself. The main liability question is therefore often which driver, or combination of drivers, caused the accident.
For example, a passenger could be injured when:
The source of compensation depends on the circumstances and available insurance coverage.
Our New Jersey car accident attorneys can investigate the collision and determine which insurance policies and responsible parties may be involved.
New Jersey is a no-fault auto insurance state, which means Personal Injury Protection coverage, commonly called PIP, can pay certain benefits without regard to who caused the crash.
PIP can cover qualifying medical expenses and other benefits following an automobile accident. The New Jersey Department of the Treasury explains that no-fault benefits can apply whether an injured person was a driver or passenger.
However, determining which policy provides PIP coverage to a particular passenger can require reviewing the passenger's circumstances and applicable insurance policies.
For example, whether the passenger has their own New Jersey auto policy or is covered as a resident family member can affect the analysis.
Passengers should not assume that the insurance covering the vehicle they were riding in is automatically the only source of benefits.
Potentially.
Passengers are sometimes reluctant to make a claim when the negligent driver was a friend or family member. They may believe they are personally suing someone they care about or taking money directly from that person.
In many accident cases, however, liability insurance is a primary source of compensation.
Suppose a passenger in New Jersey is riding with a friend who becomes distracted, runs a stop sign, and causes a serious collision. The passenger's relationship with the driver does not eliminate the injuries or financial losses resulting from the crash.
A liability claim may be available against the negligent driver and applicable insurance coverage.
This can be especially important when the passenger suffers substantial injuries requiring extensive treatment or time away from work.
Not every New Jersey car accident has one clearly responsible driver.
Two or more motorists may contribute to the same collision. One driver might make an unsafe turn while another is speeding, for example.
When multiple parties share responsibility, an injured passenger may have claims involving more than one driver.
Evidence can help establish what happened and how fault should be allocated. Relevant evidence may include:
Identifying all potentially responsible parties is important because the severity of a passenger's injuries may exceed the insurance available from a single driver.
Potentially, but New Jersey has specific rules governing lawsuits for noneconomic losses such as pain and suffering after automobile accidents.
New Jersey auto insurance policies can involve either a limitation on lawsuit option or a no limitation on lawsuit option.
When the limitation applies, New Jersey law generally requires the injured person to satisfy a statutory injury threshold before recovering noneconomic damages. Qualifying injuries include death, dismemberment, significant disfigurement or scarring, displaced fractures, loss of a fetus, or a permanent injury within a reasonable degree of medical probability.
Whether a passenger is subject to a particular lawsuit threshold depends on the applicable insurance circumstances.
This makes it important to review the passenger's own insurance status rather than assuming that the driver's policy determines every aspect of the claim.
The damages available depend on the nature of the injuries, insurance coverage, and applicable New Jersey law.
A passenger injury claim may involve compensation for losses such as:
Different portions of these losses may be addressed through different forms of insurance coverage.
New Jersey's PIP system, for example, generally addresses certain first-party benefits regardless of fault, while a liability claim focuses on damages for which another party is legally responsible.
Understanding those distinctions can prevent an injured passenger from overlooking a potential source of compensation.
An accident becomes more complicated when the responsible driver is uninsured or does not have enough liability insurance to compensate the injured passenger fully.
Uninsured motorist and underinsured motorist coverage may become relevant in these situations.
The available coverage can depend on the passenger's own insurance, household coverage, the vehicle involved, and other policy terms.
This is another reason to investigate all potentially applicable policies after a serious New Jersey accident.
A passenger should not assume there is no recovery simply because the driver who caused the collision lacks adequate insurance.
Passengers injured while using a rideshare service can face additional insurance questions.
Depending on the circumstances, potentially applicable coverage may include insurance associated with the rideshare company, the rideshare driver's policy, another driver's liability insurance, or other coverage available to the passenger.
The analysis depends in part on what the rideshare driver was doing when the accident occurred and who caused the collision.
Because commercial and rideshare arrangements can add additional layers of insurance, these claims should be evaluated carefully before accepting an insurer's explanation of available coverage.
Although passengers usually are not responsible for operating either vehicle, evidence still matters.
An injured passenger should preserve information that can establish both how the accident occurred and the extent of the resulting injuries.
Helpful evidence may include:
Seeking appropriate medical care is also important. Delays in treatment can create both health concerns and disputes about whether particular symptoms resulted from the accident.
Passengers should also be cautious about giving detailed recorded statements or signing broad documents before understanding how the claim may be affected.
Additional rules can apply when an accident involves a New Jersey state vehicle, municipal vehicle, public transportation vehicle, or another government entity.
Claims against public entities can involve special notice requirements and deadlines that differ from ordinary personal injury claims. New Jersey directs claims involving state-owned vehicles through its tort claim process and notes that claims involving municipal or county vehicles generally must be directed to the appropriate local entity.
Waiting too long to investigate a government-related accident can therefore create problems that do not arise in an ordinary insurance claim.
Passengers injured in New Jersey car accidents may have several potential avenues for compensation, even when the insurance situation initially appears confusing. PIP benefits, liability coverage, and uninsured or underinsured motorist coverage may all need to be considered depending on the accident.
If you are dealing with injuries after a passenger accident in New Jersey, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
