Passengers have no control over whether or not an accident happens, yet they suffer some of the worst injuries in collisions. Whether the driver of the vehicle you were a passenger in or the driver of another car involved was liable, you may need to know whether filing a lawsuit is possible.
In New Jersey, insurance rules block some lawsuits and only let you use personal injury protection (PIP) coverage for damages. However, you can sue within two years if you suffered serious injuries (amputations, permanent injuries, certain broken bones, etc.) or you had an “unlimited right to sue” insurance policy. Two years is not as long as it seems, particularly for victims dealing with serious injuries. Let us confirm your ability to sue and file a lawsuit so you can recover both economic and non-economic damages for your injuries.
Discuss your case for free by calling the New Jersey car accident lawyers of Agrapidis & Maroules, P.C. today at (201) 777-1111.
Can Passengers Sue Drivers for Injury in New Jersey?
New Jersey is a choice no-fault state, with many drivers choosing the cheaper “limitation on lawsuit option” for personal injury protection (PIP) insurance rather than the more expensive “no limitation on lawsuit” option. PIP covers medical expenses and other economic damages for the driver and members of their household, no matter which policy they have, and extends to unrelated passengers whose own PIP is insufficient. Suing is only an option under certain circumstances, which our lawyers can explain.
Passengers and others injured in New Jersey car accidents may sue after passing what’s known as the “serious injury threshold.” The following injuries meet New Jersey’s definition of serious and are also quite common for passengers to sustain during collisions:
- Death
- Amputation
- Displaced fracture
- Miscarriage
- Significant disfigurement or scarring
Any other “permanent” injury that will not fully heal with medical treatment is also serious enough for victims to overcome New Jersey’s no-fault rules and file lawsuits.
If you pass the threshold for a serious injury, you may sue the liable driver. That may be the driver of the car you were in or another driver involved in the crash. We can determine liability so you can get sufficient compensation.
Which Driver Should a Passenger Sue for Injury?
As a passenger, you don’t have to keep your eyes on the road in the same way a driver does. Whether you are sitting in the front or back seat during a crash, you may not know the exact sequence of events that occurred to cause the collision. Because of that, you may not know which driver to sue and who is liable for your damages.
To determine which driver is at fault, we will review the police report, interview eyewitnesses, analyze crash scene photos, and view any available video footage. Tell us everything you can remember about the collision, as well as statements you heard either driver make at the scene. Sometimes, negligent drivers apologize or admit to texting while driving or other negligent conduct. The victim can testify about what they heard the defendant say if the lawsuit goes to trial,
Don’t assume the person driving the car you were a passenger in is not at fault, and let us review the accident further to determine liability and get the damages you need. Seeking compensation from someone you know can be uncomfortable, so rely on our lawyers for help.
How Long Do Passengers Have to Sue Drivers?
Plaintiffs generally have two years to file a lawsuit for a car accident in New Jersey. That isn’t as long as it often seems, so victims should immediately contact us about pursuing compensation.
Exceptions to the statute of limitations only rarely apply to car accident lawsuits brought by injured passengers. However, we can see if any do apply to your case, especially if it’s been almost two years since the accident. We encourage you to still contact us about your case instead of assuming it’s too late to sue.
What Economic Damages Can Injured Passengers Sue Drivers for in New Jersey?
Personal injury protection insurance may not cover all medical damages, especially if you suffer a permanent or long-lasting injury. A lawsuit can cover what PIP does not, such as ongoing medical costs, future lost wages, and any other expenses we can trace back to the at-fault driver’s negligence.
New Jersey does not limit economic damages in car accident lawsuits for injured passengers. We need proof of your economic damages to recover them, so send us all hospital bills, proof of your pre-accident income, and any other records of newfound expenses.
What Non-Economic Damages Can Passengers Sue Drivers for in New Jersey?
Passing the serious injury threshold and filing a lawsuit against a driver as a passenger means you also have the chance to recover non-economic damages. Personal injury protection insurance does not cover non-economic damages, which are just as consequential as economic damages for many victims.
Describe your reduced quality of life since the accident, the physical pain you’ve experienced, and any other intangible harms that may not have a price tag but are still damaging.
Passengers who sue drivers for non-economic damages may have to testify about their pain and suffering in court. We can prepare you for this possibility, though most motor vehicle lawsuits settle without trials.
Never downplay your non-economic damages, and don’t settle for less than you deserve just to end your case quickly. Negotiating a bit longer may yield more compensation for non-economic damages and still allow you to keep your case out of the courtroom.
Let Us File Your Car Accident Lawsuit in New Jersey
Call our New Jersey personal injury lawyers at (201) 777-1111 to schedule a free case review from Agrapidis & Maroules, P.C. today.