Your Rights as a Passenger: Navigating Life After a Car Accident

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Being a passenger in a car accident can leave you shaken, injured, and unsure of what to do next. You weren’t the one behind the wheel, yet you’re left dealing with medical bills, insurance claims, and the stress of figuring out who’s responsible. It’s a lot to handle, especially when all you really want is to focus on healing. Knowing your rights and taking the right steps after an accident can make all the difference in protecting yourself and getting the help you need.

Passengers often bear the brunt of injuries during a crash, and these can range from minor to life-changing. Whiplash is one of the most common, caused by the jolt of the collision, while broken bones and fractures happen when the force of impact goes beyond what a seatbelt can safely restrain. Head injuries, like concussions or even traumatic brain injuries, are also common, especially if you hit your head on a window or dashboard. There are also the internal injuries that can’t be seen right away, like organ damage or internal bleeding, along with cuts and bruises from shattered glass or airbags. Even if your injuries feel small in the moment, don’t brush them off—get checked out by a doctor as soon as possible. Some injuries don’t show up right away, and delaying care can not only hurt your recovery but also complicate any insurance or legal claims down the road.

Right after an accident, your safety is priority one. If you’re able, move to a safe spot away from traffic. Call 911 to report the accident and get medical help if you need it. Start documenting what you can—take photos of the cars, your injuries, and anything else that seems relevant, like skid marks or road conditions. Exchange information with the drivers involved, and if there are witnesses, ask for their contact details. Filing a police report is another key step. It creates an official record of what happened, which can be critical if there are disputes about fault or if insurance companies try to play hardball.

One question you might have is, “Who’s responsible for my injuries?” As a passenger, it’s almost never you. Responsibility usually falls on the driver of the car you were in, the other driver, or sometimes both. For example, if the person driving you was speeding or distracted, they might be at fault. If the other driver ran a red light or was texting, liability could land on them. Here in New Jersey, for example, our comparative negligence laws allow for shared fault, meaning more than one person can be held responsible. In these cases, you might need to make claims against both drivers to fully cover your losses.

When it comes to filing a claim, it’s all about gathering evidence and presenting a clear picture of what happened and how it affected you. That includes police reports, medical records, photos of the scene, and witness statements. Don’t skip any steps here—insurance companies will look for any reason to reduce or deny your claim. Compensation for passengers usually covers medical bills, which might include ER visits, surgeries, physical therapy, or medications. If your injuries kept you out of work, you can also seek lost wages. Then there’s pain and suffering, which is a bit harder to quantify but accounts for things like emotional distress and the impact the accident has had on your daily life.

As is the case in many jurisdictions, New Jersey’s insurance laws can complicate things. The state uses a no-fault system, which means your medical bills are initially covered by Personal Injury Protection (PIP) insurance, regardless of who caused the crash. But PIP only goes so far. If your expenses go beyond what PIP covers, you’ll need to turn to the at-fault driver’s liability insurance. And if that driver doesn’t have insurance—or enough of it—your own uninsured or underinsured motorist coverage might come into play. Understanding how these policies work is key to making sure you get the compensation you need.

Dealing with insurance companies can be tricky. They’re not always eager to pay out, and they might try to minimize your injuries or shift the blame. That’s why it’s so important to act quickly, stay organized, and be cautious about what you say. For example, avoid giving recorded statements to insurance adjusters without fully understanding your rights. Every word can be used to lower the amount they offer you.

There are also situations where you might feel stuck, like if the at-fault driver doesn’t have insurance or disputes the accident report. In these cases, it helps to know what options you have. Your own insurance might cover some of your expenses, and there are legal routes to take if negotiations stall.

Being a passenger in a car accident is never easy, but knowing what to do can make a huge difference. From getting medical attention to documenting everything and understanding how liability works, the steps you take now can set the tone for your recovery—both physically and financially. Taking the time to learn about your rights and what you’re entitled to can put you in the driver’s seat when it comes to handling the aftermath of an accident.

April M. Gilmore, a partner at The Epstein Law Firm, P.A., focuses on civil and commercial litigation, personal injury, product liability, and workers’ compensation. A Rutgers University graduate, she has been recognized on the New Jersey Super Lawyers and Top 50 Women Super Lawyers lists and is an active member of several bar associations.