In the aftermath of a car accident, you have to deal with medical bills, vehicle repairs, and other expenses, all while you might be unable to work because of your injuries. Getting help is essential.
Our attorneys can fight your case for you, working to negotiate for damages with the insurance company or even taking your case to court. Many car accident victims in NJ are not aware of the strict limits on their ability to sue, but our lawyers can investigate your policy and work to get you benefits.
For a free case evaluation, call Agrapidis & Maroules, P.C.’s car accident lawyers at (201) 777-1111 today.
Can I Sue for a Car Accident in Bergenfield?
New Jersey is a no-fault state for car accidents. This means that damages are usually paid by your own insurance unless you meet certain requirements that allow you to file claims against the at-fault driver or sue them.
Right to Sue Under Insurance
Your insurance can come in a few different types, with cheaper policies typically including a limited right to sue. However, if you have an “unlimited right to sue” policy – which is usually a bit more expensive – then you retain your right to sue for any injuries.
If you have a limited right to sue on a “standard” policy or you have a “basic” policy, you will need to meet the second requirement instead.
Serious Injuries
Any car accident case where the victim suffers “serious injuries” allows them to hold the defendant responsible. This is true regardless of what insurance you have, allowing you to file against the at-fault driver’s insurance or sue them.
“Serious injuries” are defined by law to include
- Death
- Amputation
- “Significant disfigurement”
- “Significant scarring”
- “Displaced fractures”
- Lost fetus
- Other permanent injuries that will not heal to normal function.
This is quite broad, and the inclusion of some broken bones as “serious” can allow lawsuits in many cases. However, you should always work with a lawyer, because the defendant’s insurance will likely try to tell you that you cannot sue.
What if Their Insurance is Too Low?
The cheapest insurance policies in New Jersey actually include no “liability insurance.” This means that if someone hit you, they might not actually have insurance to cover your damages, only coverage for their own injuries.
Suing Directly
Your own insurance may be high enough to cover you, meaning the only economic damages you need to sue for are your deductibles. However, your insurance does not cover pain and suffering, so these and other non-economic damages will still be unpaid.
For this, you may be able to sue the driver directly. However, getting them to pay can be difficult if they simply do not have the money to cover you.
Uninsured/Underinsured Motorist Coverage (UM/UIM)
Instead, you can potentially use your uninsured/underinsured motorist coverage to help you out.
This pays from your policy in place of the defendant. How much is covered will depend on your policy limit, but this can be the difference between getting paid and not getting paid.
FAQs for Car Accidents in Bergenfield
When Do I File My Case?
New Jersey law gives injury victims 2 years to file injury cases. This clock starts running on the date of the injury, with very few exceptions.
What Damages Can I Claim?
Most car accident claims involve the cost of repairing or replacing your vehicle. However, when injuries are involved, we are typically more concerned with the damages from your injury, such as
- Medical bills
- Lost wages
- Pain and suffering.
Can I Get Pain and Suffering in a Car Accident Claim in NJ?
Your no-fault insurance does not cover pain and suffering. This means that, to get these damages paid, you would have to have serious injuries or an unlimited right to sue policy so you can take the case against the defendant.
How is Fault Determined in a Car Accident?
Any driver who contributes to causing the crash by breaching/violating a legal duty can be held at least partially liable for the accident.
This violation is often a traffic violation, such as speeding or drunk driving. Even so, an explicit traffic violation is not required. Objectively unsafe or irresponsible activities can also qualify as a breach.
Can I Be Partially at Fault?
The law allows juries to assign you partial fault as the victim. This reduces your damages by your share of fault. You are only blocked from suing entirely if your degree of fault is higher than the defendants’.
What if I Admitted Fault?
It is best to not admit fault or speculate on who you think caused the accident. We may be able to discredit your assessment and point to the true facts if you made a mistake, but admitting fault can seriously damage your case.
Should I Talk to the Insurance Companies Myself?
No, never speak with the insurance companies alone once you have a lawyer on your side. Even your own company is typically more concerned with saving money and doing its duties under the policy rather than getting you everything you need.
They will often try to read anything you say as an admission of fault or downplaying of your injuries. The defendant’s insurance company will also potentially try to talk you out of your claim or force a low settlement.
Can I Settle My Case?
Cases can be settled at any time, from the day of the accident to the day of trial. Never settle your case, accept money, or sign anything from the defendant or their insurance company until you review it with a lawyer.
This helps you understand your rights and avoid accidentally signing away your claim.
How Soon Should I Call a Lawyer?
Contact us as soon as you can. Quick action can help us secure evidence, such as photos of vehicle damage and car accident scenes or security footage of the accident. If you wait, it may be lost.
We can also track expenses and damages as we go, rather than trying to recover records later. Then, we can file your case on time.
Call Our Car Accident Lawyers in Bergenfield Today
For your free case review with our car accident lawyers, call Agrapidis & Maroules, P.C. at (201) 777-1111.