Do I Have To Sue My Friend If I Was Injured In Their Car?

It is one of the most stressful situations anyone can face to be a passenger in a car accident, and your friend was the one driving. Now, you are in pain, the medical bills are piling up and you are missing work.

You know you need help, but the idea of “suing” your friend feels like a betrayal. This is a very common fear, and it stops many injured passengers in Camden and Burlington counties from getting the compensation they deserve.

The good news is that in most cases, a personal injury claim is not about suing your friend but about making a claim with their insurance company.

It is a claim against insurance, not a lawsuit against your friend

Let us clear up the biggest misconception. When you file a claim as an injured passenger, you are not trying to take money from your friend’s personal bank account. You are making a claim against their auto liability insurance policy.

This is the entire reason New Jersey law requires drivers to carry liability insurance. Your friend has been paying premiums for this exact scenario: to provide financial protection if they accidentally cause an accident that injures someone else, including a passenger.

Filing a claim is simply asking the insurance company to do the job it was paid to do.

How your medical bills get paid first

In New Jersey, the first layer of coverage for your medical bills typically comes from your own auto insurance policy, no matter who was at fault. This is paid through your Personal Injury Protection (PIP) coverage.

This “no-fault” provision means your own insurer handles your initial medical expenses, which takes even more of the immediate financial pressure off your friend.

What if their policy is not enough?

What happens if your injuries are severe and your friend’s liability policy limits are too low to cover your lost wages and long-term medical needs?

This is where your own policy can help again. If you have Underinsured Motorist (UIM) coverage, it can step in to cover the gap between what your friend’s policy pays and what your claim is actually worth.

According to the New Jersey Department of Banking and Insurance, UIM coverage is specifically designed to protect you when the at-fault driver is insured, but their liability coverage limit is less than your own underinsured motorist coverage limit.

You do not have to choose

You should not have to choose between paying for your recovery and damaging a friendship. The insurance system is complex, but it is set up to handle these exact situations.

Often, an experienced attorney can manage the entire process, dealing directly with the insurance companies so you do not have to. An attorney’s job is to navigate the complexities of motor vehicle accident claims to seek fair compensation from the responsible insurers, allowing you to focus on your health.