Your Rights as a Passenger in a Car Accident in New Jersey

If you were a passenger in a car accident in New Jersey, you have legal rights—even if you weren’t behind the wheel. Passengers often suffer injuries, confusion, and stress, especially when both drivers blame each other.

The good news? In most cases, you’re not at fault and can seek compensation for your injuries, medical bills, and even lost wages. This guide explains your legal rights, insurance options, and when to consult a New Jersey car accident lawyer.

Do Passengers Have the Right to File a Claim in New Jersey?

Yes. As a passenger, you can file a compensation claim—even if your friend or family member was driving.

You can file against:

• The at-fault driver’s liability insurance

• The driver of your own vehicle if they caused the crash

• Your own auto policy if you have Personal Injury Protection (PIP)

• Both drivers’ policies, if they share fault

New Jersey follows a no-fault system, which means initial medical coverage typically comes from your PIP insurance (if you have it), or from the policy of the car you were riding in.

Step-by-Step: What to Do After the Accident

Whether you were in the front seat or back, follow these steps:

1. Call 911 and seek medical attention, even for minor injuries

2. Exchange information with both drivers: names, contact info, insurance

3. Take photos of the vehicles, road conditions, and visible injuries

4. Get the police report number and request a copy later

5. Keep all medical records, receipts, and missed work documentation

Can a Passenger Sue in New Jersey?

Yes, but it depends on your insurance policy and the severity of your injuries.

Here’s how it works in NJ:

• If you have a “limitation on lawsuit” (verbal threshold) policy, you can only sue if you suffer serious injuries like:

  • Permanent injury

  • Disfigurement or scarring

  • Loss of a body part or function

• If you have a “no limitation on lawsuit” policy (or no auto insurance of your own), you may sue for any injury caused by negligence.

What can you sue for?

• Medical bills beyond PIP coverage

• Pain and suffering

• Lost income and future wages

• Emotional distress

What If You Were in an Uber, Lyft, or Rideshare in NJ?

New Jersey requires rideshare companies to carry $1.5 million in liability insurance when a passenger is onboard. That means if you’re injured in an Uber or Lyft accident:

• You may be covered under the company’s insurance

• You can file a claim regardless of who was at fault

• You can still sue for serious injuries under New Jersey law

If the driver was off-duty, then their personal auto policy applies instead.

Who Pays Your Medical Bills as a Passenger?

In New Jersey, PIP (Personal Injury Protection) is the first layer of medical coverage:

• If you own a car, your own PIP pays for your injuries

• If you don’t own a car, PIP from the car you were riding in covers you

• If no PIP applies, you may turn to the NJ Property-Liability Insurance Guaranty Association (PLIGA) for benefits

When Should a Passenger Talk to a Car Accident Lawyer in New Jersey?

You should speak with a New Jersey personal injury attorney if:

• You suffered serious or permanent injuries

• Insurance is denying or delaying your claim

• You’re unsure which driver is at fault

• You’re being pressured to settle too quickly

• You were in a rideshare or out-of-state vehicle

A lawyer can explain your options, help you file correctly, and make sure you’re not missing compensation you’re entitled to.

Quick Recap: Passenger Rights in NJ Car Accidents

Here’s what you need to remember:

• You have the legal right to file a claim as a passenger—even if the driver is a friend or relative

• New Jersey’s no-fault system means PIP usually covers initial medical bills

• You can sue for serious injuries, especially if you opted for “no limitation on lawsuit” coverage

• You’re covered in rideshare accidents by NJ law

• A local lawyer can help protect your rights and fight for full compensation

Final Word:
If you were injured in a car accident as a passenger in New Jersey, you’re not powerless. Get medical help, report the accident, and know that you have the right to recover compensation. Don’t wait—your legal clock starts ticking the day of the crash.

Reference Links:

• New Jersey Department of Banking & Insurance – Auto Insurance Basics
  Covers PIP coverage, lawsuit thresholds, and general auto insurance rules in New Jersey.

• New Jersey Courts – Statute of Limitations for Personal Injury
  Confirms the 2-year time limit to file a personal injury lawsuit in New Jersey.

• New Jersey Administrative Code – Transportation Network Company Safety
  Details insurance requirements and safety regulations for rideshare services like Uber and Lyft in New Jersey.