Car accidents are traumatic enough — but when you’re a passenger, the confusion can be even worse. You weren’t behind the wheel, but now you’re left with injuries, medical bills, and a long road to recovery. So, who pays? What are your legal rights? And how do you make sure the insurance company treats you fairly?
At The Law Offices of Peter Briskin, P.C., we’ve helped countless passengers across New Jersey understand their rights and recover the compensation they deserve. Whether you were in a friend’s car, a rideshare vehicle, or hit by another driver, you may be entitled to coverage for your medical treatment, lost wages, and pain and suffering.
New Jersey’s no-fault insurance system can be confusing, especially when multiple drivers are involved. This guide breaks down everything passengers need to know about filing a personal injury claim, suing at-fault parties, and getting a fair settlement under NJ law.
Understanding Passenger Rights in New Jersey
If you were injured as a passenger in a car accident, you likely had no control over what happened — and under New Jersey law, that matters. Passengers are almost never considered at fault for a crash and are generally entitled to compensation from one or more responsible parties.
New Jersey law treats passengers as innocent victims. That means you have the right to pursue a personal injury claim for your medical expenses, lost income, pain and suffering, and other damages. In many cases, passengers may even have more options for recovery than drivers because they can potentially seek compensation from multiple insurance policies.
It doesn’t matter whether you were riding with a family member, a friend, or a rideshare driver — if someone else’s negligence caused your injuries, you can take legal action.
The No-Fault Insurance System in NJ
New Jersey follows a no-fault insurance system, which means that after a car accident, medical bills are typically paid through Personal Injury Protection (PIP) coverage — regardless of who caused the crash. This system is designed to ensure that injured parties, including passengers, get prompt medical care without having to wait for fault to be determined.
If you have your own auto insurance policy with PIP, your policy may be the first to cover your treatment, even if you weren’t driving. If not, you may be covered under the PIP policy of the vehicle you were riding in, or possibly under a household member’s policy.
Here’s what PIP can cover:
- Emergency medical treatment
- Follow-up care and physical therapy
- Some lost wages, depending on your policy
- Essential services, such as home care or transportation
However, PIP has its limits. Once those limits are exceeded, or if your injuries meet New Jersey’s “serious injury” threshold, you may be eligible to file a personal injury lawsuit against the at-fault driver(s) to recover additional compensation for pain and suffering, ongoing care, and more.
Who Can You Sue as an Injured Passenger?
As a passenger injured in a car accident, one of the most common questions is: Who can I sue? The answer depends on who was responsible for the crash — and in many cases, there may be more than one at-fault party.
Potential parties you may be able to sue include:
- The driver of the vehicle you were in – If their negligence caused or contributed to the crash (e.g., speeding, distracted driving, or running a red light), you may have a claim against their insurance.
- The driver of another vehicle – If a different driver was at fault or partially at fault, you can pursue a claim against their insurance as well.
- Both drivers – In accidents involving multiple vehicles, it’s common for fault to be shared. As a passenger, you may be entitled to file claims against both drivers.
In some rare cases, liability might even extend to third parties, such as vehicle manufacturers (in a defect case) or a municipality (for poor road conditions).
Keep in mind: you don’t have to choose just one person to sue. If multiple people or companies contributed to the accident, your attorney can help you pursue all possible avenues for compensation — increasing your chances of a full recovery.
Proving Fault and Negligence
Even though passengers are rarely blamed for causing accidents, proving that someone else was negligent is still a critical part of any personal injury claim. In New Jersey, establishing legal liability means showing that another party failed to act reasonably and that their actions (or inaction) directly caused your injuries.
The legal elements of negligence include:
- Duty of care – The driver had a legal responsibility to operate the vehicle safely.
- Breach of duty – That duty was violated (e.g., speeding, texting, or running a stop sign).
- Causation – The breach caused or contributed to the accident.
- Damages – You suffered injuries or financial losses as a result.
Common examples of driver negligence:
- Distracted driving (texting or using a phone)
- Driving under the influence of alcohol or drugs
- Speeding or reckless driving
- Failing to obey traffic signals or road signs
To support your claim, your attorney will gather critical evidence, including:
- Police reports from the scene of the crash
- Witness statements from people who saw what happened
- Photographs and video from the accident scene
- Medical records linking your injuries to the crash
- Expert testimony, if necessary
Establishing negligence is essential if your injuries are serious enough to go beyond PIP coverage and seek compensation through a personal injury lawsuit.
Injured as an Uber or Lyft Passenger in New Jersey
If you were hurt while riding in an Uber or Lyft, your case involves an additional layer of insurance coverage — and potential confusion. Rideshare companies like Uber and Lyft carry commercial liability policies that may provide up to $1 million in coverage for passengers injured during an active ride.
Here’s how coverage typically works:
- App is off: Only the driver’s personal auto insurance applies.
- App is on, waiting for a ride: Limited liability coverage applies through the rideshare company.
- Ride accepted or in progress: Uber and Lyft’s full $1M policy may cover injured passengers.
As a rideshare passenger, you are almost never at fault — but getting compensation may still require filing claims with the rideshare company’s insurance provider, the rideshare driver’s personal insurance, or even the at-fault driver of another vehicle.
Because of the complex insurance layers and corporate involvement, it’s especially important to work with a New Jersey car accident attorney who understands how to navigate rideshare claims and maximize your recovery.
What Damages Can You Recover?
As an injured passenger, you may be entitled to compensation that goes beyond just your initial medical bills — especially if your injuries are serious or long-lasting. The types of damages you can recover depend on the severity of your injuries, the insurance coverage available, and whether you meet New Jersey’s legal threshold for filing a personal injury lawsuit.
Potential damages include:
- Medical Expenses
Costs not covered by PIP, such as surgeries, rehabilitation, specialist visits, and future medical care. - Lost Wages
If your injuries forced you to miss work, you can claim lost income — and in some cases, reduced earning capacity if you’re unable to return to your previous job. - Pain and Suffering
Physical pain, emotional distress, and the impact your injuries have had on your quality of life. - Permanent Injuries or Disability
If your injuries lead to long-term impairment, you may be entitled to additional compensation. - Out-of-Pocket Costs
Including transportation to medical appointments, prescription costs, and assistive devices. - Non-Economic Damages
Such as loss of enjoyment of life, anxiety, depression, or loss of companionship.
It’s important to note: you must meet New Jersey’s “verbal threshold” or “limitation on lawsuit” option (part of your auto insurance policy) to sue for non-economic damages like pain and suffering — unless your injuries are considered permanent or meet other legal criteria.
Important Deadlines and Legal Steps
Time is not on your side after a car accident — especially if you’re a passenger dealing with serious injuries. New Jersey law imposes strict deadlines on when you can file a personal injury claim, and missing them can mean losing your right to compensation entirely.
Key deadlines to know:
- Statute of Limitations: In New Jersey, you generally have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, the court will likely dismiss your case — no matter how valid it is.
- Claims Involving Public Entities: If a government vehicle (like a city bus or police car) was involved, you may have as little as 90 days to file a notice of claim under the New Jersey Tort Claims Act.
Other critical legal steps:
- Get immediate medical care – Your health is the top priority, and medical records are crucial to your case.
- Document everything – Keep copies of medical bills, insurance forms, and correspondence. Take photos of injuries and the accident scene, if possible.
- Don’t rely on the insurance company – Their goal is to settle for as little as possible. Always review any offer with an attorney before accepting.
- Contact a personal injury lawyer early – The sooner you involve legal counsel, the better your chances of building a strong claim and avoiding costly mistakes.
How a NJ Personal Injury Attorney Can Help
Dealing with insurance claims and legal paperwork can be overwhelming — especially when you’re trying to heal. As an injured passenger, you may be facing multiple insurance companies, conflicting accounts of who was at fault, and pressure to settle quickly. That’s where a skilled New Jersey personal injury attorney can make all the difference.
Here’s how the Law Offices of Peter Briskin, P.C. can support you:
- Case Evaluation
We’ll help you understand your rights and identify every potential source of compensation — from the driver’s policy to third-party liability. - Insurance Negotiation
Our firm deals directly with the insurance companies so you don’t have to. We know their tactics — and how to fight for a fair settlement. - Evidence Gathering
We’ll collect the medical records, accident reports, witness statements, and expert opinions needed to prove your case. - Lawsuit Preparation
If a fair settlement isn’t offered, we’re fully prepared to take your case to court and present it to a jury. - No Upfront Fees
We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
With over 25 years of combined experience and tens of millions recovered, our team has what it takes to stand up to large insurance companies and protect your rights every step of the way.
Protect Your Rights as an Injured Passenger
Being hurt in a car accident as a passenger can leave you with more questions than answers — but you don’t have to navigate this alone. New Jersey law provides clear protections for passengers, and you may have more legal options than you realize. Whether you’re dealing with medical bills, lost wages, or pain that just won’t go away, you deserve answers — and a legal team that’s ready to fight for you.
At The Law Offices of Peter Briskin, P.C., we understand how overwhelming the recovery process can be. That’s why we offer free consultations to help you understand your rights and take the first step toward fair compensation.
