New Jersey is a no-fault insurance state, which means if you’re in a car accident, your auto insurance carrier is responsible for paying certain damages from the accident, regardless of fault. So, the other driver could be clearly at-fault for the accident, but your auto insurance picks up the tab for your medical bills. This is in contrast to at-fault states, where the at-fault driver is responsible for paying the other driver’s damages.
Under the no-fault system, your own insurance company first pays medical expenses and other losses arising out of the car accident. Depending on the type of insurance you have, your rights to file a lawsuit after a car accident could be limited. A no-fault policy limits your right to sue for pain and suffering unless in the most serious injuries.
If you have a Standard insurance policy, you have the option of choosing an unlimited right to sue which means that you retain the right to sue the person who caused the accident for pain and suffering for any injury. Or you can choose a limited right to sue which means that you agree not to sue the person who caused the accident for your pain and suffering unless you sustained permanent injuries. On a Basic insurance policy, you only have a limited right to sue.
With the unlimited right to sue, you have no limitation on filing a lawsuit to pursue compensation for pain and suffering. With the limited right to sue, you cannot file a lawsuit for pain and suffering unless you suffer one of the following injuries:
- Significant scarring or disfigurement
- Loss of body part
- Displaced fracture
- Loss of fetus
- Permanent injury, which occurs when a body part or organ will not heal and function normally with more medical treatment
Time Limits for Filing a Lawsuit a Car Accident
In New Jersey, the deadline (statute of limitations) for filing a personal injury claim is two years from the date of injury. If you or someone you love was injured because of another’s negligence, it’s critical that you abide by these rules, otherwise, you lose your right to file a claim permanently.
New Jersey Car Accident Attorney
Pursuing a legal claim for a car accident may seem like a daunting task and something you want to avoid. We encourage you, however, to consider allowing our team of attorneys at Brandon J Broderick to help you through the process. If you’ve suffered a serious injury, you deserve to investigate and understand your options. Contact us today and let us turn your setback into a comeback.