Why Carpooling Can Complicate Accident Liability Claims in NJ
Carpooling is encouraged in New Jersey as a more environmentally friendly alternative to multiple drivers operating their vehicles to get to the same destination. If a car accident occurs while a group of people are carpooling, this can complicate the question of liability, or who is legally and financially responsible. If you find yourself in this situation, you may need to hire a car accident lawyer in New Jersey for assistance.
About Carpooling and HOV Lane Accidents in New Jersey
The State of New Jersey encourages residents to carpool to reduce traffic congestion, protect the environment and minimize travel costs. The state offers High Occupancy Vehicle (HOV) lanes on the New Jersey Turnpike between interchanges 11 and 14 that are open during rush hour on weekdays. These lanes are reserved only for vehicles carrying three or more people.
If a car accident occurs in a HOV lane, investigators will check to see if any lane-specific laws or local regulations were violated by the motor vehicle driver. This includes entering or exiting the lane in a place other than permitted locations, making unsafe lane changes, and tailgating (following too closely). If so, the driver who broke the law could be held liable for the crash.
Who Pays for Passenger Injuries in a New Jersey Car Accident?
New Jersey is a “choice” no-fault state. Under this law, most injured accident victims will seek financial compensation from their own car insurance providers, even if they were not at fault for the accident. Personal injury protection (PIP) insurance will pay for their medical costs. This rule generally extends to injured motor vehicle passengers in a carpooling case.
However, if a passenger does not have insurance or the passenger’s injuries are severe enough to meet New Jersey’s tort threshold (e.g., broken bones, permanent injuries or significant disfigurement), the passenger could file a claim with the at-fault party. This could be the driver of the car the passenger is riding in or the driver of the other vehicle.
What if One Insurance Policy Isn’t Enough to Cover Passenger Injuries?
Carpooling can complicate accident liability claims in New Jersey due to the number of people involved. Carpool vehicles can have three, four, five or more occupants who are all injured in a car crash. This can lead to insurance complications, as a single at-fault driver may not have enough coverage on his or her insurance policy to pay for every passenger’s injuries and bills.
The mandatory minimums of liability insurance in New Jersey are $30,000 per accident in bodily injury liability and $5,000 in property damage insurance. These amounts are often not enough to fully pay for a vehicle full of injured passengers in a carpooling accident case – forcing passengers to look elsewhere for compensation for their losses.
One possibility is filing a first-party claim with each passenger’s own insurance provider for supplemental coverage. Another option is suing the at-fault party directly through a personal injury lawsuit. If a third party played a role in the crash, such as the manufacturer of a defective car part or the government for an unsafe roadway, a claim against them could also improve an injured passenger’s payout by offering greater insurance coverage.
How a Car Accident Attorney in New Jersey Can Help You
Car accident cases involving carpooling in New Jersey can be complicated, leaving you with many questions about your legal rights and recovery options as an injured victim. The best way to protect yourself is by hiring an experienced car accident lawyer to represent you. This can give you the ability to maximize your financial recovery without a stressful legal process. To schedule a free car accident case review with a personal injury attorney in New Jersey, contact the Law Offices of Jeffrey S. Hasson, P.C.