Your Rights as a Passenger in a New Jersey Auto Accident

Being involved in a car accident as a passenger can be a distressing experience, particularly when you are injured through no fault of your own. In New Jersey, passengers have specific rights and legal avenues to seek compensation for their injuries. Understanding these rights is crucial to ensuring you receive the compensation you deserve for medical expenses, lost wages, and other damages. This blog post will explore the rights of passengers in auto accidents in New Jersey, the steps to take after an accident, and how to navigate the complexities of filing a personal injury claim.

Understanding Your Rights as a Passenger

As a passenger, you are not responsible for the operation of the vehicle, making your legal rights more straightforward than those of the driver. New Jersey’s no-fault insurance system, which requires all drivers to carry Personal Injury Protection (PIP) insurance, covers medical expenses for anyone injured in an accident, regardless of who was at fault. However, passengers may also be entitled to file a claim against the at-fault driver’s insurance to cover additional damages that PIP does not cover, such as pain and suffering or lost income.

Determining Liability in Passenger Injury Claims

One of the first steps in pursuing compensation is determining who was at fault for the accident. As a passenger, you can file a claim against:

• The driver of the vehicle you were in if they were at fault.
• The driver of the other vehicle(s) involved if they were at fault.
• Both drivers if they share responsibility for the accident.

In cases where multiple vehicles are involved, you may have claims against multiple insurance policies, increasing the complexity of your case but also the potential compensation.

Steps to Take After a Car Accident

• Seek Medical Attention Immediately: Your health and safety should be your top priority. Even if your injuries seem minor, it’s essential to see a doctor as some injuries, like whiplash or internal damage, may not be immediately apparent.
• Report the Accident: Ensure that the accident is reported to the police. A police report is an essential piece of evidence in your claim.

• Collect Evidence: If you are able, take photographs of the accident scene, the vehicles involved, and your injuries. Gather contact information from the drivers, witnesses, and anyone else involved in the accident.
• Contact Your Insurance Company: Report the accident to your own insurance company, even though you were not driving. Your PIP coverage can be utilized for your initial medical expenses.
• Consult with a Personal Injury Attorney: Navigating the complexities of insurance claims and liability can be challenging. An experienced New Jersey personal injury attorney at DiTomaso Law can help ensure that your rights are protected and that you receive the maximum compensation available.

Filing a Claim Against the At-Fault Driver

As a passenger, you may file a third-party claim against the at-fault driver’s insurance. This claim can cover damages not included in PIP, such as:

• Medical Expenses: Costs not fully covered by PIP.
• Lost Wages: Compensation for time off work due to injuries.
• Pain and Suffering: Compensation for physical and emotional distress caused by the accident.
• Loss of Consortium: If your injuries affect your relationship with your spouse, you may be entitled to additional compensation.

Dealing with Insurance Companies

Insurance companies often aim to settle claims quickly and for the lowest possible amount. As a passenger, you may be approached by the at-fault driver’s insurance company with a settlement offer. It is crucial not to accept any offer without consulting with an attorney, as initial offers may not fully cover your damages. An experienced attorney can negotiate on your behalf, ensuring that you receive fair compensation.

The Role of Comparative Negligence in New Jersey

New Jersey follows a modified comparative negligence rule, which can impact the amount of compensation you receive. Under this rule, if you are found to be partially at fault for your injuries, your compensation will be reduced by your percentage of fault. Importantly, if you are found to be more than 50% at fault, you will not be able to recover any damages. For example, if you were not wearing a seatbelt at the time of the accident, the insurance company might argue that this contributed to the severity of your injuries. It is essential to have an attorney who can challenge any attempts to assign you fault and protect your right to full compensation.

What If the At-Fault Driver is Uninsured or Underinsured?

If the at-fault driver does not have insurance or does not have enough coverage to pay for your damages, you may be able to file a claim with your own insurance company under your uninsured/underinsured motorist (UM/UIM) coverage. This coverage is designed to protect you when the at-fault driver’s insurance is insufficient to cover your losses.

Time Limits for Filing a Passenger Injury Claim

New Jersey law imposes a statute of limitations on personal injury claims. As a passenger, you typically have two years from the date of the accident to file a claim. You might lose your ability to pursue compensation if you don’t file within this timeframe. It’s advisable to begin the claims process as soon as possible to ensure that evidence is preserved and witnesses’ memories are fresh.

Why You Need an Experienced New Jersey Accident Attorney

Filing a personal injury claim as a passenger involves navigating multiple insurance policies, dealing with complex legal rules, and potentially going up against insurance companies eager to minimize your compensation. An experienced personal injury attorney at DiTomaso Law can guide you through this process, protect your rights, and fight to ensure that you receive the compensation you deserve.

Safeguarding Your Rights as a Passenger in New Jersey Auto Accidents

Being a passenger in a car accident can leave you vulnerable, but you have rights and options for seeking compensation. Whether you need to cover medical expenses, recover lost wages, or seek compensation for pain and suffering, understanding your rights as a passenger is essential. By taking the right steps and working with a knowledgeable personal injury attorney, you can navigate the complexities of New Jersey’s legal system and secure the compensation you deserve.

Secure Your Compensation Today with South Jersey’s Leading Personal Injury Attorneys

If you’ve been injured as a passenger in a New Jersey auto accident, it’s crucial to take swift action. DiTomaso Law is dedicated to guiding you through the legal process and securing the compensation you deserve. Our South Jersey offices are conveniently located to serve clients across Cherry Hill, Camden, and the surrounding areas. Don’t hesitate—contact us today for a free consultation. Let our experienced personal injury attorneys fight to protect your rights.

Call us at (856) 414-0010 or fill out our contact form to get started.