What To Do If You’ve Been a Passenger in a Car Accident

If you’re on this page because you were recently a passenger in a car accident, we would like to extend our most sincere sympathies. We understand how painful, chaotic, stressful, and confusing these events can be, and we’re ready to help you navigate the road ahead.

Although being involved in a collision is unfortunate, the good news is that it is almost impossible to lose your case based upon fault because a passenger can never be at fault. However, you still need to prove negligence between all drivers and under certain circumstances that your resulting injuries are permanent in nature.

If you’ve been injured in a car accident as a passenger in New York or New Jersey, you need direction about finding the best medical care and physicians while understanding how to proceed with your legal claim. Our car accident attorneys, who have been helping motor vehicle accident victims for over 40 years, can review your case and advise you on your best options. We offer translation services for Spanish and other languages, and we’ve secured more than $1 billion in verdicts and settlements for our clients throughout New York and New Jersey.

According to the Supreme Court of New Jersey, the selection of an attorney is an important decision not to be taken lightly. Our advice is not to hire lawyers that spend time chasing down accident reports to mail fancy packages to your door; or lawyers whose names show up on billboards only. Instead call us and ask about our experience and track record. In fact, two of the firm’s partners Garry R. Salomon, and Jeffrey E. Salomon have authored a book available on Amazon titled, The Consumer’s Guide to New Jersey Personal Injury Claims, 2nd Edition, 2024, which is available to you for free if you suffered an injury due to someone else’s negligence.

Our Results for Car Accident Passenger Injuries

If you’re looking for help after being a passenger in a car accident, you’ve come to the right place. We’ve helped over 40,000 individuals and families get the results they deserve, including thousands of passengers in car accidents.

Here are a few of our successful results for car accident passengers:

• An $825,000 settlement for a 62-year-old passenger who was riding in a vehicle that was rear-ended by a dump truck near the George Washington Bridge in Fort Lee, New Jersey. We argued that the dump truck driver was negligent in operating the vehicle. The settlement helped cover treatment for our client’s injuries, which included injuries to her head, right shoulder, neck, back, and right knee.
• A $500,000 settlement for a passenger who sustained injuries after two other vehicles hit her car on Interstate 80 in Totowa, New Jersey. Our client’s car was rear-ended, causing it to lose control and hit the median, and it was then hit by another car. Our client injured her entire right side, including her ribs, liver, lung, and left pelvis, and she required intensive care and physical therapy.
• A $493,500 settlement for a front-seat passenger who was severely injured in a car accident at the intersection of Cherry Street and W. Grand Street in Elizabeth, New Jersey. A negligent driver attempting to turn left onto W. Grand Street suddenly cut them off, leading to a violent crash. Our client received multiple permanent injuries and needed 14 months of physical therapy.

Our team is ready to meet with you wherever is most convenient, including one of our offices or virtually via FaceTime or Zoom. We want you to be able to focus on your recovery while we fight for the money you’re owed from the negligent parties. Contact our offices today to get started.

What To Do If You Were a Passenger in a Car Accident

If you’ve been in a car accident as a passenger, you should:

• Call the police immediately.
• Avoid standing behind the car, or in between cars which can often result in further accidents and injuries, including amputations.
• Document the accident by taking photos or a video of the scene.
• Note the names and contact information of eye witnesses and others involved.
• Get a medical evaluation, even if you don’t think you’re badly hurt, especially if you suffered a head injury
• Look around to see if there were video cameras, atm machines and parking lot cams in the area.
• Consult with an experienced personal injury attorney to determine if you have grounds to pursue a car accident suit.

Your health is your biggest concern after a car accident. After getting medical care, you can figure out how to cover your expenses. One way to do this is through a car accident lawsuit.

Can I File a Lawsuit If I Was a Passenger in a Car Accident?

Yes, but only under certain circumstances. Both New Jersey and New York are a no-fault states for car insurance, which means that anyone involved in an auto accident files their medical claims with their own respective insurance carriers. In New York, the driver’s policy covers you as a passenger in their vehicle. However, if you suffered a permanent injury , you could make a claim and sue the at-fault driver. You should hire as soon as possible an attorney to document your losses and prove that your injury is serious by using your medical records and medical witness reports and testimony.

New Jersey is also a no-fault state for car accidents, but its system is somewhat different. First, if you own a car or live in a household with someone who does, you would start by filing a claim with your own Automobile PIP insurance policy rather than that of the driver whose vehicle you were riding in. Their policy would only apply if you lacked insurance of your own. You can file a liability claim against the at-fault driver if the cost of your injuries outstrips your no-fault benefits.

Money Damages Available in a NJ or NY Car Accident Passenger Claim

If you are injured as a passenger in a car accident in either New York or New Jersey, you would first turn to the relevant no-fault insurance policy to recover money for:

• Medical bills
• Lost wages
• Certain accident-related expenses

There are no legal fees associated with no-fault medical bill payments, income continuation and essential services coverage. However, to hold the negligent financially accountable for your harms and losses you likely will be entitled to sue the at-fault and their automobile liability insurance carrier for your pain, suffering and disfigurement

And if you suffered an injury, as defined by the appropriate state, you can also seek money for noneconomic losses like pain and suffering. You may also have this right in New Jersey if your no-fault policy includes an unlimited right-to-sue clause or if the defendant was a commercial vehicle such as a truck or bus.

Statute of Limitations for Filing a Claim

• In New York, you have three years to file a car accident passenger claim for damages.
• In New Jersey, the statute of limitations to file suit is two years for personal injuries.

Talk to an Experienced Auto Accident Attorney in New Jersey Today

Do you need help understanding your rights for passenger injury claims after a car accident? Contact Davis, Saperstein & Salomon, P.C. today for a free consultation. We have more than 100 team members who have the experience and resources to build a strong case for you.