Home › News › Pedestrian Killed in Brick Township, NJ Crash: Whose Auto Insurance Pays When a Car Hits Someone on Foot or on a Bike

Pedestrian Killed in Brick Township, NJ Crash: Whose Auto Insurance Pays When a Car Hits Someone on Foot or on a Bike

By AutoInsuranceBundle.pro · Published November 1, 2026

Short answer: In New Jersey, a pedestrian or cyclist hit by a car usually has medical bills paid first by personal injury protection (PIP) from an auto policy in their own household, no matter who was at fault. If no household policy exists, the striking car's PIP generally pays. Pain and suffering claims go to the at-fault driver's liability coverage.

Most people think of car insurance as something that protects drivers. In New Jersey it also protects people who are walking or riding a bike, often through a policy they never thought would apply. A fatal crash at the Jersey Shore last weekend is a sad reminder of why that matters.

The short video below covers the basics in about half a minute. It uses licensed stock footage, not footage of this crash. The full guide follows.

What happened on Brick Boulevard

According to the Ocean County Prosecutor's Office, as reported by NJ.com, a 24-year-old man was crossing Brick Boulevard at its intersection with North Lake Shore Drive in Brick Township around 11:30 p.m. on Saturday, October 24, 2026, when a southbound sedan struck him. He was pronounced dead at the scene.

Authorities said the driver went a short distance, pulled over, and walked back to the scene. No charges had been announced when the report was published. The prosecutor's vehicular homicide squad, Brick Township police, and county crime scene and medical examiner staff were handling the investigation.

Nothing in this article suggests who was at fault. We use these basic facts only to explain how coverage typically works when a vehicle strikes a person on foot, and our thoughts are with the young man's family and friends.

Source: Pedestrian, 24, killed in weekend Jersey Shore crash, NJ.com (citing the Ocean County Prosecutor's Office), October 26, 2026. Basic facts are summarized from that report; this explainer is our own writing.

Pedestrian crashes by the numbers

The National Highway Traffic Safety Administration reports that 7,080 pedestrians were killed and more than 71,000 were injured in U.S. traffic crashes in 2024, roughly one death every 74 minutes.

The crosswalk rules in New Jersey

Under N.J.S.A. 39:4-36, a driver must stop and remain stopped for a pedestrian in a marked crosswalk, and must yield to a pedestrian in an unmarked crosswalk at an intersection. Pedestrians have duties too: they may not suddenly step into the path of a car that is too close to stop, and outside a crosswalk they must yield to traffic. If a collision happens inside a crosswalk, the law lets a court infer that the driver did not use due care.

What to do if a car hits you while walking or biking

1. Call 911 and get medical care right away, even if you feel fine.
2. Ask the officer how to get a copy of the police crash report, and note the report number.
3. If you can, collect the driver's name, plate number, and insurance details, plus contact information for witnesses.
4. Photograph the scene, signals, lighting, and your injuries once it is safe.
5. Tell your own auto insurer, or the insurer of a relative you live with, as soon as possible. PIP claims have notice and paperwork deadlines.
6. Keep every medical bill, receipt, and record of missed work in one folder.

If you are the driver, stop, call 911, and stay until police release you.

How insurance typically handles a pedestrian crash in New Jersey

State rules vary, and New Jersey's system is unusual. Here is how the main coverages usually line up.

Your household's PIP usually pays first

New Jersey law (N.J.S.A. 39:6A-4) requires standard auto policies to pay PIP benefits to the named insured and resident family members who are struck as pedestrians, without regard to fault. Under the coordination rules in N.J.S.A. 39:6A-4.2, that household coverage generally comes first, even when you were not in your car at all. You must actually be struck; a near miss that causes a fall is usually not covered.

According to the 2026 New Jersey Buyer's Guide to Auto Insurance from the Department of Banking and Insurance, a standard policy offers PIP medical limits from $15,000 up to the default of $250,000, while the bare-bones basic policy carries $15,000. The limit you chose for your own car can end up being the limit that covers you on the sidewalk.

No household policy? The striking car's PIP

A person who has no auto policy and lives with no one who has one can typically claim PIP from the policy on the vehicle that hit them. State law also requires motorcycle and certain other policies to provide PIP to pedestrians injured in New Jersey (N.J.S.A. 17:28-1.3). If no coverage applies at all, for example after a hit-and-run, an eligible resident may be able to seek benefits from the state's Unsatisfied Claim and Judgment Fund, which has strict rules and deadlines.

Cyclists count as pedestrians

New Jersey's no-fault law defines a pedestrian as anyone not occupying a motor vehicle (N.J.S.A. 39:6A-2). For PIP purposes, a person on a bicycle is treated the same way as a person on foot.

Pain and suffering and the lawsuit option

PIP pays economic losses such as medical bills. Compensation for pain and suffering comes from the at-fault driver's bodily injury liability coverage, and New Jersey policies let buyers choose a "limitation on lawsuit" option or "no limitation." If your own household policy carries the limitation option, it generally applies to you even as a pedestrian, so a pain and suffering claim usually requires a qualifying injury listed in the law, such as a permanent injury, a displaced fracture, or significant scarring. People with no policy in the household may not be bound by that threshold. An attorney can tell you which rule fits your situation.

Comparative fault still matters

New Jersey follows modified comparative negligence. An injured person can recover damages only if they were not more at fault than the driver, and the award is reduced by their share of fault.

Common mistakes after a pedestrian or bike crash

• Assuming the driver's insurer pays everything, and missing the deadline to open a PIP claim with your household insurer.
• Skipping a doctor visit because injuries seem minor at the scene.
• Not getting the police report or witness contacts while memories are fresh.
• Choosing the lowest PIP limit to save money without realizing it also covers you as a walker or cyclist.
• Signing a release or giving a recorded statement before you understand your lawsuit option.

Is your auto coverage ready if you are hit on foot?

Look at your declarations page. Check your PIP medical limit, your lawsuit option, and your uninsured motorist limits, because all three can follow you onto the sidewalk or bike lane. Call (888) 217-5854 for a free quote comparison.

FAQ

Whose insurance pays if a car hits a pedestrian in New Jersey?

Usually the PIP coverage on an auto policy in the pedestrian's own household pays medical bills first, regardless of fault. If there is no household policy, the PIP on the striking vehicle's policy generally applies. Pain and suffering claims go to the at-fault driver's liability insurer.

Does my car insurance cover me if I am hit while riding a bike?

In New Jersey, generally yes. Cyclists are treated as pedestrians under the no-fault law, so the PIP on your own or a household auto policy typically pays your medical bills. Coverage in other states can work very differently.

Can a pedestrian sue the driver for pain and suffering in New Jersey?

Often, yes, through the driver's bodily injury liability coverage. If the pedestrian's household policy has the limitation on lawsuit option, the injury usually must meet the legal threshold first. Comparative fault can reduce or bar recovery.

What if the driver who hit me had no insurance or drove away?

Your household PIP still pays medical bills, and uninsured motorist coverage on your own or a household policy may cover other damages. Without any available policy, an eligible New Jersey resident may be able to apply to the Unsatisfied Claim and Judgment Fund.

Important: This article is general information, not legal, tax, or insurance advice, and coverage rules vary by state, insurer, and policy. AutoInsuranceBundle.pro is a free, independent insurance comparison and referral service. We are not an insurance company, we do not issue policies, and we do not provide insurance advice. Calls to the number on this site are routed to licensed insurance agents or agencies in our partner network, who may receive compensation. Calling is completely voluntary and there is no obligation to buy. Rates, discounts, and availability vary by carrier, state, and individual eligibility; not all carriers, products, or discounts are available in all states. Calls may be recorded for quality and compliance purposes.