What New Jersey’s No-Fault System Means for Your Personal Injury Case
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You may already be aware that New Jersey has a “no-fault” system of car accident laws. What you might not know is what that means when you actually get into a car accident.
Here’s the basics.
Under the no-fault system, drivers are both assumed to be a little bit at-fault for most accidents. Thus, instead of figuring out who is at-fault, each insurance company simply covers its own driver. That is, your insurance company pays for your medical bills and car repairs, and the other driver’s insurance company pays for theirs.
Your policy may also cover lost wages and essential service benefits, as well as death benefits. The policy will cover these expenses up to your policy limits. In a state like ours, it’s a good idea to purchase the highest policy limits your budget will allow for, as even minor injuries and damage can become very costly very fast.
There are some advantages to this. No-fault systems can mean lower insurance rates, for example. Yet it also means you cannot sue for every car accident, and it means that certain expenses aren’t covered that would be covered if you were pursuing a personal injury case.
Does no-fault insurance cover pain and suffering?
No. You can only get pain and suffering payouts if you are able to launch a lawsuit.
When can you launch a personal injury suit in New Jersey?
There are some circumstances which will allow you to launch a lawsuit.
The first is if you have purchased a policy that gives you a right to sue.
Basic policies only have a “limited right to sue.” This means you may sue only if you have suffered disfigurement, significant disfigurement, significant scarring, displaced fractures, the loss of a fetus, or permanent injury.
If you pay a little extra, you can seek full compensation for damages by purchasing the unlimited right to sue. If you’ve retained this right, then you can sue the at-fault driver if they were, indeed, at-fault.
What if the other driver didn’t have insurance?
Your policy still covers you. You’ll also have uninsured and underinsured motorist insurance if you are injured by an at-fault, uninsured driver.
Should you pursue the right to sue?
In some cases it may be easier, faster, and better to let your insurance policy go ahead and pay out without worrying about suing the other driver. In other cases it will be absolutely vital for you to pursue a personal injury claim.
Fortunately, you don’t have to do any guesswork. If you sustained serious injuries in a New Jersey car accident, call us. We’ll be happy to provide you with a risk-free consultation that will tell you whether or not you have a case worth pursuing.
See also:
4 Myths About New Jersey Personal Injury Cases
Do All New Jersey Car Accidents Require Help from a Personal Injury Attorney?
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You may already be aware that New Jersey has a “no-fault” system of car accident laws. What you might not know is what that means when you actually get into a car accident.
Here’s the basics.
Under the no-fault system, drivers are both assumed to be a little bit at-fault for most accidents. Thus, instead of figuring out who is at-fault, each insurance company simply covers its own driver. That is, your insurance company pays for your medical bills and car repairs, and the other driver’s insurance company pays for theirs.
Your policy may also cover lost wages and essential service benefits, as well as death benefits. The policy will cover these expenses up to your policy limits. In a state like ours, it’s a good idea to purchase the highest policy limits your budget will allow for, as even minor injuries and damage can become very costly very fast.
There are some advantages to this. No-fault systems can mean lower insurance rates, for example. Yet it also means you cannot sue for every car accident, and it means that certain expenses aren’t covered that would be covered if you were pursuing a personal injury case.
Does no-fault insurance cover pain and suffering?
No. You can only get pain and suffering payouts if you are able to launch a lawsuit.
When can you launch a personal injury suit in New Jersey?
There are some circumstances which will allow you to launch a lawsuit.
The first is if you have purchased a policy that gives you a right to sue.
Basic policies only have a “limited right to sue.” This means you may sue only if you have suffered disfigurement, significant disfigurement, significant scarring, displaced fractures, the loss of a fetus, or permanent injury.
If you pay a little extra, you can seek full compensation for damages by purchasing the unlimited right to sue. If you’ve retained this right, then you can sue the at-fault driver if they were, indeed, at-fault.
What if the other driver didn’t have insurance?
Your policy still covers you. You’ll also have uninsured and underinsured motorist insurance if you are injured by an at-fault, uninsured driver.
Should you pursue the right to sue?
In some cases it may be easier, faster, and better to let your insurance policy go ahead and pay out without worrying about suing the other driver. In other cases it will be absolutely vital for you to pursue a personal injury claim.
Fortunately, you don’t have to do any guesswork. If you sustained serious injuries in a New Jersey car accident, call us. We’ll be happy to provide you with a risk-free consultation that will tell you whether or not you have a case worth pursuing.
See also:
4 Myths About New Jersey Personal Injury Cases
Do All New Jersey Car Accidents Require Help from a Personal Injury Attorney?