Car Accident Lawsuits As a Passenger
You were not driving. You were not at fault. And now you are dealing with injuries, medical expenses, and confusion about who is supposed to help. Being a passenger in a car accident can feel isolating because neither driver’s insurance company is focused on your recovery. In New Jersey, you have the right to pursue compensation from any driver or party whose negligence caused the crash. A Monmouth County car accident attorney can guide you through the claims process and work to secure the recovery you deserve.
Who Can a Passenger Sue After a Car Accident in New Jersey?
Passengers typically have one of the strongest legal positions because they rarely contribute to causing the accident. In New Jersey, you may therefore be able to file a personal injury claim against the driver of the vehicle you were riding in, the other driver, or both, as well as against a commercial trucking company, municipality, or other third party whose negligence played a role in the crash. The determining factor is not your relationship to any driver but whether their negligence directly caused or contributed to your injuries.
Your right to sue for pain and suffering depends on the type of auto insurance coverage your household carries. New Jersey requires drivers to choose between two options for automobile insurance:
Limitation on Lawsuit Option
(a/k/a limited tort and verbal threshold)
Under the verbal threshold (N.J.S.A. 39:6A-8), you can only pursue non-economic damages if you suffered a qualifying serious injury as defined by statute:
- Death
- Dismemberment
- Significant disfigurement or significant scarring
- Loss of a fetus
- Displaced fracture(s)
- Permanent injury within a reasonable degree of medical probability, meaning the body part or organ has not healed and will not heal to function normally with further medical treatment (other than scarring or disfigurement)
In some situations, the verbal threshold simply does not apply, so you can sue for pain and suffering even if your injury does not fall into one of the six categories. This includes cases where you are not required to carry PIP coverage (such as certain passengers, pedestrians, or other non‑insured persons). The threshold also does not apply if the accident was caused by a business or commercial vehicle not covered by PIP, if you are an out‑of‑state resident whose insurer is not licensed in New Jersey, or if the crash happened outside New Jersey and is not governed by New Jersey’s no‑fault rules.
No Limitation on Lawsuit Option
(a/k/a zero threshold and unlimited right to sue)
If your household carries the zero threshold option, you can pursue a pain and suffering claim regardless of how severe your injuries are. Either way, you can always seek economic damages like medical expenses and lost wages that exceed your PIP coverage.
How Insurance Coverage Works for Injured Passengers
New Jersey operates under a no-fault insurance system, which means medical bills after a car accident are initially covered through Personal Injury Protection (PIP) regardless of who caused the crash. As a passenger, your PIP benefits typically come from your own household’s auto insurance policy first. If you do not carry your own auto insurance, coverage from the policy on the vehicle you were riding in may apply.
Standard New Jersey auto policies must provide Personal Injury Protection (PIP), coverage in an amount up to $250,000 per person per accident under N.J.S.A. 39:6A-4. However, policyholders may elect reduced limits as low as $15,000 to lower their premiums, though even reduced-limit policies must pay up to $250,000 for certain catastrophic injuries.
PIP covers reasonable and necessary medical expenses, and may also cover lost wages and essential services you can no longer perform while recovering, depending on your policy. However, PIP does not pay for pain and suffering, emotional distress, or diminished quality of life.
To pursue those non-economic damages, you would need to meet the qualifications to step outside of the no-fault system and file a separate third-party claim against the at-fault driver’s liability insurance. If your PIP benefits run out before your treatment is complete, those remaining expenses also become part of your third-party claim. Understanding how your own PIP coverage interacts with the at-fault driver’s liability policy is critical to making sure all of your losses are properly addressed.
What Happens When Multiple Drivers Share Fault?
Monmouth County car accidents involving passengers often raise questions about shared liability, particularly in multi-vehicle collisions or situations where both drivers made errors. New Jersey follows a modified comparative negligence rule under N.J.S.A. 2A:15-5.1, which means each party is assigned a percentage of fault based on how much they contributed to the crash.
For passengers, this system generally works in your favor. If one driver was 70% responsible and the other was 30% at fault, you can pursue compensation from both, with each driver’s insurer covering their proportional share. Because passengers are almost never assigned any percentage of fault, the rule that bars recovery for anyone more than 50% responsible typically does not affect your claim.
For example, if your total damages are $100,000 and one driver is found 60% at fault while the other is 40% at fault, you could recover up to $60,000 from the first driver’s insurer and up to $40,000 from the second. Filing claims against multiple insurance policies at the same time is common in these cases, and pursuing recovery from more than one source can help ensure your medical bills, lost wages, and other damages are fully compensated.
Filing a Claim When a Friend or Family Member Was Driving
One of the most difficult aspects of a passenger injury case arises when the at-fault driver is someone you know. Many people across Monmouth County hesitate to take legal action against a friend, family member, or coworker, fearing it will damage the relationship or leave the other person with a financial burden. Understanding how the process works can ease that concern.
An accident injury claim is directed at the driver’s auto insurance policy, not the individual. The insurance company evaluates the claim and pays any settlement or verdict, which is exactly what liability coverage exists to do. In the vast majority of cases, the at-fault driver will not pay anything out of pocket, and the process is handled entirely between attorneys and the insurer.
There is one significant exception to keep in mind. If the at-fault driver is a resident relative who lives in your household, you may be unable to file a third-party liability claim because you likely share the same insurance policy. In that situation, your recovery options may be limited to PIP benefits and any underinsured or uninsured motorist coverage available on the policy. Speaking with an attorney early in the process can help you determine what claims are available based on your specific insurance and living arrangements.
Protect Your Rights After a Monmouth County Passenger Car Accident
New Jersey gives injured passengers two years from the date of the crash to file a personal injury lawsuit, and acting promptly helps preserve critical evidence. If you were hurt as a passenger in a car accident in Monmouth County, the attorneys at Noonan & McMahon can review your case, identify every responsible party, and pursue the compensation your injuries demand. Contact Noonan & McMahon today to schedule a free consultation.