Can a passenger file a claim after a car accident in New Jersey?

On Behalf of | Jun 17, 2025 | Motor Vehicle Accidents |

Being a passenger in a car accident can leave you injured and confused about your legal options. If you’re in this situation, it’s important to know that, in New Jersey, you have the right to file a claim for compensation after an accident. In this blog, we’ll walk you through how the process works and the options available to you.

Can a passenger sue the driver in New Jersey?

As a passenger, you might be wondering if you can sue the driver involved in the crash. The answer depends on who was at fault. If the driver of the vehicle you were in caused the accident, you can pursue compensation through their insurance. However, if the other driver was at fault, you can file a claim against their insurance as well.

In New Jersey, the law allows passengers to file claims with either their driver’s insurance or the other driver’s, depending on who was responsible for the crash.

What kind of compensation can a passenger claim?

As a passenger, you can seek compensation for medical bills, lost wages (if you’re unable to work), and pain and suffering. You are also eligible to recover damages for emotional distress and any property damage, like damaged personal belongings, in some cases. The process is similar to what drivers would go through when filing claims after an accident.

How do New Jersey’s no-fault insurance rules affect passengers?

New Jersey operates under a no-fault insurance system. This means that your own personal injury protection (PIP) coverage will pay for your medical bills regardless of who caused the accident. However, if your injuries are severe and you want to seek additional compensation for things like pain and suffering, you may need to file a claim against the at-fault driver’s insurance.

Passengers often find it easier to recover compensation because they don’t have to worry about proving fault as much as drivers do.

If you’re a passenger in a car accident in New Jersey, you don’t have to navigate the claims process alone. Knowing your options and rights can help you make informed decisions about how to proceed.

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