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Can Passengers Pursue Car Accident Cases In New Jersey?

Car accidents can be a harrowing experience, and if you’re a passenger involved in one, you might wonder about your rights and options.

In this comprehensive guide, we’ll explore key aspects related to car accidents involving passengers in the state of New Jersey. 

From determining liability to understanding the process of making a claim, we’ve got you covered.

Can Passengers Pursue Car Accident Cases In New Jersey?

Auto Insurance for Passengers in NJ: Can I Have It?

In New Jersey, passengers are not obligated to carry auto insurance, as this requirement generally falls on drivers. Auto insurance policies typically extend coverage to the driver rather than the passengers. 

Consequently, passengers involved in a car accident in the state often rely on the insurance of the at-fault party to seek compensation for their injuries and damages. 

Determining Liability for Your Injuries

  1. Liability is crucial in determining who is responsible for the accident.
  2. New Jersey follows a modified comparative fault system.
  3. If a passenger is less than 50% at fault, they can seek compensation.

What to Do After You’ve Been in a Car Accident as a Passenger

After experiencing a car accident as a passenger, it is essential to take immediate and careful steps to ensure your safety and protect your rights. 

Here’s a detailed guide on what to do in the after-effects:

1. Ensure Safety

The priority after a car accident is ensuring safety. Check yourself and others for injuries and, if possible, move to a safe location away from the road.

Dial emergency services promptly to report the accident, providing details about the location and any injuries.

2. Gather Information

Once safety is ensured, gather crucial information that will be vital for any potential claims or legal proceedings.

Collect details from all drivers involved, including their names, contact information, license plates, and insurance details. 

Additionally, note down contact information for any witnesses present at the scene.

3. Document the Scene

Documenting the accident scene is crucial for providing evidence later on. Take clear photos of the accident scene, including the positioning of vehicles, damages sustained, and any visible injuries. 

These visual records can significantly support your case during insurance claims or legal proceedings.

4. Seek Medical Attention

Even if injuries appear minor initially, it is crucial to seek medical attention promptly. Some injuries may not manifest immediately but could worsen over time.

Consulting with a healthcare professional ensures that any injuries are properly diagnosed and treated, while also creating a medical record that can be used as evidence.

5. Contact Law Enforcement

Report the car accident to the police and cooperate fully with their investigation.

Law enforcement will document the details of the accident, gather statements from involved parties and witnesses, and create an official report. 

Obtain a copy of the police report for your records, as it can be valuable when dealing with insurance companies or legal matters.

Major Drawbacks if a Passenger Leaves the Accident Scene

  1. Identify At-Fault Party: Determine the party at fault for the accident. Leaving the scene may complicate insurance claims.
  2. It can lead to legal consequences, including fines and penalties.
  3. Contact Their Insurance: Reach out to the at-fault driver’s insurance company to initiate the claim process.
  4. Provide Necessary Information: Share details of the accident, injuries, and relevant documentation.
  5. Staying at the scene ensures proper documentation and information exchange.
  6. Seek Legal Advice: Consult with a car accident lawyer for guidance on your rights and the claims process.

See also: Leaving the Scene of an Accident in NJ

Do Injured Passengers Have Rights in New Jersey?

In New Jersey, injured passengers possess the right to pursue compensation for various damages resulting from a car accident.

Understanding your rights as a passenger in a car accident in New Jersey is crucial for protecting your legal interests and seeking the compensation you deserve.

These rights encompass seeking financial recovery for incurred medical expenses, lost wages due to injuries, and the emotional toll of pain and suffering. 

Importantly, New Jersey operates under comparative fault rules, meaning that passengers can pursue claims even if they share partial responsibility for the accident. 

This legal framework allows injured passengers to seek compensation proportionate to the degree of fault assigned to other parties involved, ensuring that individuals are not entirely barred from seeking redress for their injuries, even in cases where they may bear some responsibility.

Contact a Car Accident Lawyer in New Jersey

If you find yourself grappling with the complexities of a car accident as a passenger in New Jersey, seek the guidance of a seasoned legal professional car accident attorney in New Jersey.

Contacting a reputable law firm, such as the Rosengard Law Group, can provide invaluable assistance. 

Their expertise extends to evaluating the circumstances of the accident, determining liability, and advocating for your best interests throughout the claims process. 


Is NJ a No-Fault State for Car Accidents?

No, New Jersey is not a pure no-fault state. It follows a modified no-fault system, allowing injured parties to file a lawsuit under certain conditions.

Can Someone Sue You Personally After a Car Accident in NJ?

Yes, if you’re found to be at fault for the accident, the injured party, including passengers, may file a personal injury lawsuit against you.


Being a passenger in a car accident can be overwhelming, but understanding your rights and the necessary steps can make the process smoother.

From determining liability to making a claim, this guide provides a roadmap for passengers in New Jersey. 

Remember, seeking legal advice is crucial to ensure you receive fair compensation for your injuries and losses.

Stay informed, stay safe, and know your rights on New Jersey’s roads.

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