Vehicle passengers can file a claim against the driver that caused the wreck. If the host driver was at fault, a passenger could file a claim against the host driver’s insurance. Otherwise, the passenger would file a claim against the other driver’s insurance. If the host driver is a relative, regardless of fault, the passenger can file a claim against the host driver but cannot sue the host driver unless they were at fault. A passenger can only sue the host driver when the driver is not a relative or someone living at the same address. Stacking Policies If you have a vehicle and a PIP insurance policy, you can file a claim against your insurance. If your insurance won't cover your allowable damages, you can 'stack' coverages by filing a claim for the additional allowable damages against the driver's insurance. For example, if your medical expenses are $50,000 but you only have $10,000 in coverage, you can recover additional compensation from the driver's insurance up to their coverage limit. If the coverage limit for the driver is $20,000, you will have a total of $30,000. If it is $50,000, you would have access to $70,000 but can only collect what you win.