What if I was a passenger in the car?

Passengers are generally in the best position of anyone involved, because comparative fault rarely applies to them.

PIP. Which policy covers you depends on your circumstances. If you own a vehicle with PIP, your own policy generally applies. If you don't, the coverage available may come from a resident relative's policy or from the vehicle you were in.

Liability claims. A passenger can pursue claims against any at-fault driver — including the driver of the car they were riding in. That's uncomfortable when it's a friend or family member, and it's worth understanding that the claim is against the insurance rather than the person personally.

Multiple policies may apply, which can mean more available coverage than in a two-driver crash.

The seat belt question can come up as comparative fault, which now interacts with the greater-than-50% bar.

What to watch: where the driver was a friend or relative, people sometimes decline to pursue a claim to protect the relationship, and end up with medical bills they can't pay.