Car accidents in New Jersey are complex. Our car insurance laws do not always let you sue the driver who hit you, which can make getting full damages harder.
Our lawyers can guide you through the claims process and help you every step of the way. We can advise you on your rights, how much your case should be worth, and how best to get your damages paid. We can then handle settlement negotiations and lawsuits for you.
For a free case review, call Agrapidis & Maroules, P.C.’s car accident lawyers at (201) 777-1111 today.
New Jersey’s No-Fault Insurance Rules
In New Jersey, you can choose between insurance policies with a “limited right to sue” or an “unlimited right to sue.” In either case, your insurance is “no-fault,” in that it covers your own injuries regardless of fault. But getting damages from the defendant is different depending on your policy:
Limited Right to Sue Policies
If you have a limited right to sue on your policy – which is likely, as this is a cheaper policy premium – then you cannot sue for injuries after a crash unless you have “serious injuries.”
This “serious injury” threshold only allows lawsuits when you have
- Permanent injuries
- Amputation
- Displaced fractures
- Serious scarring/disfigurement
- A lost fetus.
You can also sue for a loved one’s death.
Unlimited Right to Sue Policies
If you pay more for an unlimited right to sue policy, then you can sue even if you do not have serious injuries. This essentially opens your right to sue in any car accident case to recover damages your insurance did not cover.
What Does Insurance Cover?
When you use your no-fault insurance, it only pays certain areas of damages. Any other damages may be claimed against the at-fault driver’s insurance, if they have any. If they do not you can sue them directly, but you may have other options on your own insurance to help you, too.
No-Fault Coverage
No-fault policies are a type of “personal injury protection” (PIP) insurance that covers a portion of your lost wages and your medical bills, up to policy limits. This covers you regardless of who caused the accident, and it typically covers you first before the defendant’s insurance does.
You cannot get pain and suffering through your PIP, and you usually have to pay a deductible to use it.
Vehicle damage is also not covered under PIP.
Defendant’s Liability Insurance
If the defendant has liability insurance, it should cover your medical bills, lost wages, pain and suffering, vehicle damage, and other damages. However, the most basic policy options in NJ do not actually include liability insurance.
In any case, these policies are still very common and should be there if you have serious injuries or an unlimited right to sue.
Your Other Insurance
You may have other coverages on your policy to also help cover your damages.
Uninsured/underinsured motorist coverage is typically required in NJ, meaning it can help you if the other driver has no insurance or has insurance with a low limit. This pays as though it is the defendant paying, meaning it covers pain and suffering as well as economic damages.
Your policy might also have additional medical care coverage, collision coverage, etc. to help pay for damages with a mere deductible payment from you, even before you make a claim against the defendant.
What to Do After an Accident in Englewood
When you are involved in an accident, take these six steps:
- Call 911 and report the accident to the police so they can write a report.
- Get medical care from the EMTs and go to the hospital if needed.
- Follow through with any additional medical care you need.
- Collect evidence at the scene, including the other driver’s name, any witness contact info, the other driver’s insurance info, and notes about the accident scene and damages.
- Call a car accident lawyer to help protect your rights, collect evidence, and guide you through contact with the insurance companies and defendant(s).
- File claims with the help of your attorney.
In addition, here are six things you should avoid after a car accident:
- Do not lie or exaggerate when discussing your injuries or the facts of what happened.
- Do not admit fault or apologize for the accident, so no one mistakes that as an admission of fault.
- Do not discuss the accident in public, on social media, or with other people outside your immediate family and your legal team.
- Do not accept any money or sign anything from insurance companies without reviewing it with your lawyer.
- Do not talk to insurance companies or give them any information without talking to your lawyer first or having your lawyer present for the conversation.
- Do not skip medical treatment or do anything that would jeopardize your recovery, make your injuries worse, or downplay the severity of your injuries.
FAQs for Car Accidents in Englewood
Do I Need to Report the Accident to the Police?
Yes. Any crash involving injuries in NJ needs to be reported to the police.
How Long Do I Have to File a Claim?
NJ law gives victims 2 years to file injury claims under our statute of limitations.
What is a No-Fault Insurance System?
In a no-fault system, you rely on your own car insurance to pay for your damages, rather than the at-fault driver’s insurance. If you have more damages that are not covered – such as pain and suffering or damages beyond your policy limit – you can only claim them against the defendant’s insurance or sue if your injuries are “serious.”
However, NJ also has an optional “unlimited right to sue” policy that skips the serious injury requirement.
What is a “Verbal Threshold” for NJ Auto Insurance?
To be able to sue, you need to have “serious injuries” that meet the definition in NJ law. This threshold is called a “verbal threshold” because it uses a wordy definition of what qualifies for a lawsuit rather than a “monetary threshold” with a set damage amount.
How Much Can I Claim from My Insurance?
Your insurance has its own policy limit. State minimum insurance in NJ covers at least $15,000 per person, but more serious injury cases are covered up to $250,000. This does not cover pain and suffering.
Call Our Car Accident Lawyers in Englewood Today
Reach out to our car accident lawyers at Agrapidis & Maroules, P.C. by dialing (201) 777-1111 today for a free case review.