Never trust insurance companies to have your back after an accident. While your policy might be robust and cover plenty of damages, it usually does not cover everything, and getting full compensation can be an uphill fight.
Instead, work with a lawyer. We are legally obligated to put your best interests first. We will fight to maximize your compensation, seeking all available sources of payment.
Call our car accident attorneys at Agrapidis & Maroules, P.C. at (201) 777-1111 for a free case review today.
Do I Need a Lawyer?
You should always have a lawyer when trying to get damages in a car accident case. It can be difficult to navigate insurance claims, get full damages, and understand your rights.
Navigating Claims
Your right to sue is limited in New Jersey unless you have an unlimited right to sue insurance policy or you have serious injuries. Even when you meet these requirements, it can be hard to understand what your insurance covers and what the other driver’s insurance covers.
Accepting money can function as a settlement, potentially blocking you from additional claims later, so you only get one shot to get it right.
Maximizing Damages
You are entitled to compensation for every dollar the accident costs you, but insurance companies often try to undercut these values.
Your insurance company typically will not pay for pain and suffering, so you need to go after the other driver to get full compensation. But this is only allowed in certain situations, and their insurance companies are even more likely to downplay your injuries.
Working with a lawyer can help you know the true value of your case, and we can fight for full compensation in court if needed.
Protecting Your Rights
Not only do you need to understand your rights, but you need to protect them. Insurance companies will try to manipulate you into quick settlements, tell you you cannot sue, or even lie to you.
Having a car accident lawyer you can trust is so important, especially when the defense will have their own attorneys trying to boss you around or convince you to give up your claim.
Damages in a Car Accident Case in Paramus
NJ law requires drivers to carry insurance to cover their own damages, and you can only seek the rest of your damages from the defendant if you have serious injuries. This usually means you can get most of your “economic” damages from your insurance (minus deductibles), but the “non-economic damages” come from the defendant:
Economic Damages
Your economic damages include things like
- Medical bills
- Therapy bills
- Lost wages, and
- Vehicle repairs.
These are just some of the monetary harms you face.
The law allows you to claim most of these against your insurance, and they are required to pay regardless of fault. However, you might not get full compensation this way, especially since your deductibles will usually go uncovered. You may want to seek the rest from the defendant.
Non-Economic Damages
You cannot sue the defendant or file a claim against their insurance unless you suffer “serious injuries,” e.g.
- Permanent injuries
- Significant scarring/disfigurement,
- Displaced fractures
- Loss of a fetus.
You can also sue with an “unlimited right to sue” insurance policy.
Non-economic damages cover the rest of your harms – the ones with no monetary values. This includes pain, suffering, mental anguish, emotional distress, and more.
FAQs for Car Accidents in Paramus
What is the Filing Deadline for Car Accident Claims?
NJ law gives victims 2 years to file a claim against the at-fault party under our statute of limitations.
What is the “Serious Injury Threshold”?
NJ uses a no-fault car insurance system, so each driver carries their own insurance to cover the driver’s and passengers’ injuries. However, this only covers certain medical bills and lost earnings.
To get the rest of the damages, you need to sue, which is only allowed if your injuries are “serious.” To meet this threshold, your injuries must involve amputations, permanent injuries, serious disfigurement, or displaced breaks. You can also sue for a loved one’s death or a lost fetus.
What Does My Insurance Cover?
No-fault insurance in New Jersey can cover medical bills and lost wages, up to certain limits and at certain percentages. You may have other first-party benefits like medical payment coverage, collision coverage, and uninsured/underinsured motorist coverage that can pay for more.
Your insurance usually requires deductible payments and does not cover pain and suffering.
How Do I Tell Who was at Fault?
Our lawyers can help you determine fault by looking at which driver(s) violated legal duties to cause the accident. Drivers are only responsible for a crash if they actually did something wrong to lead to the crash, which might involve things like speeding, failing to signal, running a stop sign, or failing to yield.
More obvious illegal activity, like reckless driving, texting while driving, and DUI, can also help us prove fault.
Can I Sue in a DUI, Hit and Run, or Other Criminal Case?
When the driver who hit you also committed a crime, they can face a civil lawsuit from you separately from any criminal case they face. However, we usually let the prosecution take the criminal case to court first.
If they are convicted, that can help us prove your civil case and win you damages.
Suing in a hit and run can be hard if the driver cannot actually be located. However, you might be able to use your uninsured motorist coverage instead of relying on them.
Who Can Be Found at Fault?
Any driver involved in the crash can be held responsible for at least a share of the fault. If you are also held responsible as the victim, then your damages can be reduced by your share of fault. You cannot, however, sue if your fault is higher than the defendants’.
If the driver was a commercial driver, their employer might also be liable. Auto manufacturers can also be partially liable in some cases, as can governments that allowed dangerous roads to contribute to the accident.
Call Our Paramus Car Accident Attorneys for Help Today
To begin your case, call (201) 777-1111 and speak with Agrapidis & Maroules, P.C.’s car accident attorneys.