Key Takeaways:
- Whose PIP pays first depends on the passenger’s own insurance status, not on the car in which they were riding.
- A passenger can file claims against more than one driver.
- A passenger who has their own policy is bound by the lawsuit option on that policy.
- The two-year filing deadline applies.
If you have been injured in a car accident in New Jersey as a passenger, there are several ways to pursue compensation. First, you would begin with the personal injury protection (PIP) for yourself before you could potentially pursue legal action against either the driver in whose car you were riding or the other motorist involved in the crash.
How Does Personal Injury Protection Coverage Help?
Personal injury protection (PIP) pays for economic costs of your injury. It can cover medical bills and lost wages up to the amount of the policy limit. This is a limited form of coverage, but it can be helpful in the short term.
First, a passenger would look towards their own PIP for coverage. It does not matter whether they were driving. PIP is intended to help you whether you are a passenger or a driver. If the passenger did not have PIP coverage, the next policy to review would be that of the driver involved in the crash.
PIP is a very limited form of coverage. Further, the policy limits for PIP coverage are usually very low, so PIP can be exhausted very quickly; this leaves injured passengers often looking to some other form of coverage to pay for their injuries.
Where Can an Injured Passenger Look for Additional Coverage?
If PIP coverage is not enough to pay for your injuries as a passenger, there are other ways to potentially step outside of the system. New Jersey law allows you to file a legal claim against someone else who was responsible for your injuries, even when there is a no-fault system.
If the passenger has suffered economic losses beyond what their PIP will pay, they can pursue the at-fault driver for excess damages. They cannot double-recover damages that their own PIP has already paid.
There is a possibility that the injured passenger may also seek their non-economic damages, but they must meet the requirements of New Jersey law. Specifically, they must suffer an injury that falls under the following categories:
- Death
- Dismemberment
- Significant disfigurement or significant scarring
- Displaced bone fractures
- Loss of a fetus
- Permanent injury, meaning a body part or organ has not healed and will not heal to function normally
Who Can the Passenger Sue for Their Injuries?
An injured New Jersey passenger may have claims against more than one party. Because passengers rarely cause crashes, they can often pursue several insurance policies at once. Possible defendants include:
- The driver of the car in which the passenger was riding
- The driver of any other vehicle involved
- An employer, if a driver was working at the time of the crash
- The rideshare company’s insurer, for trips booked through an app
- A vehicle or parts manufacturer, if a defect caused or worsened the injuries
When the at-fault driver has little or no coverage, the passenger may file an uninsured or underinsured motorist claim.
Frequently Asked Questions
How long does a passenger have to file a lawsuit in New Jersey?
Most passengers have two years from the crash date under N.J.S.A. 2A:14-2. For injured children, the deadline usually does not begin until the child turns 18.
Can a passenger sue a family member who was driving the car?
Yes. In most cases, the driver’s auto insurance pays the claim up to the policy limits.
Does not wearing a seat belt affect a passenger’s claim?
It may. A court can reduce damages for injuries that a seat belt would have prevented. The passenger can still recover for other injuries.
Linwood Car Accident Lawyers at D’Amato Law Firm Can Help if You Were Hurt as a Passenger
If you were hurt as a passenger in a motor vehicle collision, the Linwood car accident lawyers at D’Amato Law Firm can help you explore potential coverages to pay for your injuries. Our trusted legal team will fight to secure appropriate compensation. Call us at 609-926-3300 or fill out our online contact form to schedule a free consultation. Located in Egg Harbor Township, New Jersey, we serve clients in the surrounding areas.