Passenger injury claim: 5 Crucial Steps for Rights

Understanding Your Rights as an Injured Passenger

A Passenger injury claim is your legal right to seek compensation when you’re hurt in an accident that wasn’t your fault. As a passenger, you are rarely responsible for a crash, giving you strong legal standing to recover damages. You can file a claim against the driver of the car you were in, the other driver, or both.

After any accident, you should seek medical attention immediately, report the crash to law enforcement, and notify the relevant insurance companies. You are entitled to compensation for medical bills, lost wages, and pain and suffering, but you have a limited time to file a lawsuit—often just two years.

If you’ve been injured, you’re likely facing medical bills, lost income, and pressure from insurance adjusters offering quick, low settlements. The at-fault party is legally liable for your injuries, but state-mandated minimum insurance coverage is often far too low to cover serious harm. This makes it critical to understand all your options for recovery.

I’m Jason Fine, a personal injury attorney with over 25 years of experience representing accident victims in Pennsylvania, New Jersey, and Delaware. I’ve helped countless passengers steer the complex claims process and secure fair compensation for their Passenger injury claim, even when insurance companies tried to pay them less than they deserved.

Navigating Your Passenger Injury Claim

The fundamental rights of injured passengers apply nationwide, but specific rules differ by state. In Pennsylvania, New Jersey, and Delawarewhere J. Fine Law serves clientspassengers have strong legal protections. This guide will walk you through the process of recovering compensation.

Who is Liable and How Do I File a Claim?

As a passenger, you are almost never at fault, so the question is who pays for your injuries. Liability generally falls on the negligent driver(s). Pennsylvania and Delaware are “at-fault” states, meaning the responsible driver’s insurance covers your damages. New Jersey’s “no-fault” system adds a layer of complexity.

Potentially liable parties for your Passenger injury claim include:

• The driver of your vehicle: If their negligence caused the crash. You are filing a claim against their insurance, not suing them personally.
• The driver of another vehicle: If they caused or contributed to the collision.
• Multiple drivers: If they share fault, you can file claims against both policies.

After getting medical care, gather insurance details from all drivers and obtain the police report. Your first step for covering medical bills might be through Medical Payments (MedPay) or Personal Injury Protection (PIP) coverage. These are no-fault coverages that pay for initial medical costs regardless of who caused the accident. In New Jersey, PIP is mandatory.

The primary source of compensation is the at-fault driver’s Bodily Injury Liability (BIL) coverage. You will file a claim with their insurer, but be cautious. Adjusters will try to limit payouts and may ask for recorded statements. We strongly advise against giving a statement or accepting an offer without consulting an attorney.

What Compensation Can You Receive for a Passenger Injury Claim?

Compensation, or “damages,” is meant to cover all the harm you’ve suffered. It falls into two categories.

Economic Damages

These are your tangible, financial losses. They include all medical expenses (past and future), lost wages from being unable to work, and loss of future earning capacity if your ability to work is permanently affected.

Non-Economic Damages

These damages compensate for the intangible, personal impact of your injuries. They include pain and suffering for physical pain and discomfort, emotional distress like anxiety or PTSD, and loss of enjoyment of life if you can no longer participate in hobbies and activities you once loved.

A comprehensive list of recoverable damages in Pennsylvania, New Jersey, and Delaware includes:

• Medical bills (past and future)
• Lost wages (past and future)
• Pain and suffering
• Emotional distress
• Loss of consortium (for spouses)
• Loss of enjoyment of life
• Permanent disfigurement or disability
• Rehabilitation costs

These damages can easily exceed the at-fault driver’s insurance policy limits, as many drivers only carry the state-required minimum coverage. An experienced attorney can help you identify all potential sources of recovery to ensure you are fully compensated.

Understanding Comparative Negligence and Its Impact

“Negligence” is the legal term for carelessness that causes harm. States use “comparative negligence” laws to assign fault. While it’s rare for a passenger to be found at fault, it’s important to understand the rules.

Pennsylvania, New Jersey, and Delaware use a “modified comparative negligence” rule. This means you can recover damages as long as you are not 51% or more at fault (in PA and NJ) or 50% or more at fault (in DE). Your compensation is then reduced by your percentage of fault.

In rare cases, a passenger could be found partially at fault if they did something like intentionally distracting the driver or encouraging reckless driving. Another common issue is not wearing a seatbelt. While this doesn’t cause the crash, an insurer might argue it worsened your injuries and try to reduce your compensation. For background on these risks, see NHTSA resources on distracted driving and seat belt safety. Even so, passengers are overwhelmingly considered innocent victims in a Passenger injury claim.

What if the At-Fault Driver is Uninsured or in a Rideshare?

Finding out the at-fault driver is uninsured or underinsured is a frustrating but common problem. This is where Uninsured/Underinsured Motorist (UM/UIM) coverage becomes a critical safety net.

• Uninsured Motorist (UM) coverage applies when the at-fault driver has no insurance.
• Underinsured Motorist (UIM) coverage applies when the at-fault driver’s policy isn’t enough to cover your damages.

As a passenger, you may be able to use the UM/UIM coverage from the vehicle you were in, your own auto policy, or even the policy of a relative you live with. For a plain-language overview of how these coverages work, see the Insurance Information Institute’s guide to UM/UIM coverage. We strongly recommend all drivers in Pennsylvania, New Jersey, and Delaware carry robust UM/UIM coverage.

Rideshare Accidents: Uber, Lyft, and Beyond

If you’re injured as a passenger in an Uber or Lyft, your Passenger injury claim involves different rules. Rideshare companies carry large commercial insurance policies (often $1 million or more) that cover passengers during a trip. However, navigating these claims is complex. You may have to deal with multiple insurersthe rideshare company’s, the driver’s personal policy, and another driver’sall while the company’s legal team works to minimize their payout. For more details, see our guides on New Jersey Lyft accidents, New Jersey Uber accidents, and our general Rideshare Accident Lawyer Guide.

Overcoming Challenges in Your Passenger Injury Claim

Insurance companies use common tactics to pay as little as possible. Be prepared for:

• Lowball offers: Quick, early settlements that are far below what your claim is worth.
• Recorded statements: Requests designed to get you to say something that weakens your claim.
• Disputing injuries: Arguments that your injuries are pre-existing or not as severe as you claim.
• Delays: Intentionally slowing down the process to frustrate you into giving up.

To counter this, you must thoroughly document your damages with medical records, proof of lost wages, photos of the scene, and witness information. Keeping a journal detailing your daily pain and limitations can also be powerful evidence.

Finally, be aware of the statute of limitations. In Pennsylvania, New Jersey, and Delaware, you generally have only two years from the accident date to file a lawsuit. Missing this deadline means losing your right to compensation forever.

When to Seek Legal Help for Your Accident Claim

After an accident, you may wonder if you can handle a Passenger injury claim on your own. While you can file a claim without a lawyer, going up against an insurance company’s team of adjusters and attorneys is not a fair fight. Their job is to pay you as little as possible.

Why an Experienced Attorney is Your Best Advocate

An experienced personal injury attorney is essential to level the playing field. At J. Fine Law, we represent accident victims in Pennsylvania, New Jersey, and Delaware, with a 98% success rate and over $50 million recovered for our clients.

We protect you from insurance company tactics like lowball offers and requests for recorded statements. We handle the complex legal process, including navigating deadlines like the two-year statute of limitations, so you can focus on getting better. Our team investigates every angle to identify all liable parties and insurance policies, which is crucial in cases involving multiple vehicles, rideshare companies, or uninsured drivers.

Most importantly, we know how to maximize your compensation. We calculate the full value of your claim—including future medical care, lost earning capacity, and pain and suffering—to fight for a settlement that is truly fair. Cases that seem simple rarely are, and mistakes made early on can hurt your claim.

We offer a free case evaluation with a rapid attorney response because we know you need answers now. Don’t wait. Evidence disappears and the two-year deadline approaches quickly. If you’ve been injured as a passenger in Pennsylvania, New Jersey, or Delaware, contact a car accident attorney at J. Fine Law today. Let us handle the legal battle so you can focus on your recovery.