Driving is a part of many people’s daily routines. When accidents happen, drivers may be badly injured, and not everyone can afford the numerous costs of an accident. An experienced attorney will assist you in getting compensation from those who caused the accident.
Many injured drivers turn to insurance after a bad accident. In New Jersey, drivers must file claims with their own no-fault, personal injury protection (PIP) insurance. If you have serious injuries, you may then file claims with the at-fault truck driver’s liability coverage. You may sue for damages, but only if you have serious injuries as described by law. Your lawyer should help you determine the best path forward for your case.
Call Agrapidis & Maroules, P.C. at (551) 525-6465 and ask our car accident attorneys for a free case review to begin.
How Does Insurance Affect Your Car Accident Claims in Lyndhurst?
Insurance is required of all drivers in New Jersey, and many injured drivers turn to their insurance following a crash.
No-Fault Insurance
New Jersey imposes no-fault insurance laws, and drivers must carry personal injury protection (PIP) insurance. You must file your claim with your own insurance coverage, and there is no need to present evidence of another driver’s fault.
New Jersey drivers must choose between a limited and unlimited right to sue when buying auto insurance. With a limited right to sue, you can sue only if you have serious injuries. If you choose an unlimited right to sue, you are not restricted from suing based on these legal criteria.
The Other Driver’s Liability Coverage
Before you can file a third-party claim with the other driver’s liability coverage, you must go through your own no-fault insurance first. The other driver’s liability coverage may apply to costs of vehicle damage, deductibles from your own insurance policy, and serious or permanent injuries.
If you do not have serious injuries, you likely cannot file a third-party insurance claim.
Uninsured and Underinsured Motorist Coverage
If your PIP coverage is insufficient to fully cover your damages, you may file a claim with your uninsured or underinsured motorist coverage. This coverage is designed to fill in the gaps when PIP coverage is too limited, and the at-fault driver is uninsured.
What Proof Should You Have to Support a Car Accident Lawsuit?
We need proof of your claims before you can receive financial compensation. Even if you file a no-fault claim where you do not need evidence of the other driver’s fault, we still need evidence of your damages and proof that the accident really happened.
Photos
Drivers commonly take photos after car accidents. You should photograph the damage to the vehicles, any injuries you sustained, license plates, and anything else that seems important or relevant to the accident. Often, these photos are all that remain after an accident scene is cleared away by the authorities.
Videos
Video footage of an accident can be very powerful evidence in a courtroom. If video footage depicts the accident from start to finish, it can be very difficult for defendants to refute the evidence.
We can check for nearby private security cameras, traffic cameras, dashcams inside vehicles, and cell phone videos that you or others at the accident scene may have recorded.
Witnesses
Other drivers, passengers, or pedestrians who were near the scene of the car accident may provide valuable witness testimony. The more witnesses who provide clear and accurate testimony, the better. Having multiple witnesses from different vantage points can help us create a clearer picture of the accident for a jury.
How to Begin a Car Accident Lawsuit
Before starting a lawsuit for a car accident, we need to navigate New Jersey’s no-fault insurance laws, as there may be restrictions on your right to sue.
“Serious Injury” Rule
When purchasing auto insurance, New Jersey drivers must choose between a limited and unlimited right to sue after an accident.
If you have a limited right to sue, you must prove that you have at least one serious injury that includes…
- Death
- Dismemberment
- Significant scarring or disfigurement
- Displaced fractures
- Loss of a fetus
- Any medically determined permanent injury other than scarring or disfigurement
Again, if you have elected an unlimited right to sue, you do not have to prove serious bodily injury before filing a lawsuit for a car accident.
Draft a Formal Complaint
The complaint is a highly formal legal document that must contain details about how the accident occurred and all your allegations against the defendant. The more claims you have, the longer the complaint will be.
Information in a complaint must be detailed and specific. If anything is unclear, the complaint may be challenged, and your case may be in jeopardy before it begins. As such, your attorney should take time to investigate the facts, gather evidence, and build the strongest complaint possible.
Serve Notice to the Defendant
After filing your complaint in court, our car accident lawyers must almost immediately serve notice of the complaint to the defendant so that they can file a formal answer. How we serve notice is governed by strict rules. If notice is not served on time, or it is served incorrectly, the case could be quickly thrown out.
Should You File an Insurance Claim or a Lawsuit After a Car Accident?
The best legal option depends on your insurance status and the unique circumstances of your case. Either option may be helpful, and you should speak to an attorney to determine which one is best. Generally, people try to navigate insurance first and, if insurance offers an insufficient settlement, drivers pivot to a lawsuit.
What Happens if the Other Driver Accuses You of Causing the Accident?
Even if the other driver accuses you of contributing to the accident, you may still sue them for damages. Under New Jersey’s modified comparative negligence law, a plaintiff’s damages may be reduced according to their share of fault for an accident. However, if a plaintiff is more than 50% responsible, they may not recover any damages.
Should You Call the Police After a Car Accident?
Yes. The police can provide emergency assistance, speak with drivers and witnesses, and investigate serious accidents. They may also write a formal report that we can use to find additional evidence, although the report itself is usually inadmissible.
The Importance of Urgent Medical Care After a Car Accident
Not only do injured drivers need urgent medical care to treat any injuries and check for possibly internal injuries, but they also need to begin compiling medical records as soon as possible. These records may be necessary to prove injuries and damages in court. If you wait to seek treatment, there may be gaps in your records that the defendant may use to raise doubt about your claims.
Speak to Our Car Accident Attorneys in Lyndhurst About Your Case Now
Call Agrapidis & Maroules, P.C. at (551) 525-6465 and ask our car accident attorneys for a free case review to begin.