Injured In Car Accident Not My Fault – About a dozen states in America have enacted “no-fault” car accident laws. Under a no-fault system, accident plaintiffs generally turn to their own insurance companies to cover certain losses, including medical expenses and lost wages.
New Jersey is one of the few states that offers car insurance options to drivers. Motorists who choose a basic policy are usually limited to no-fault coverage after an accident. On the other hand, if you purchase a standard car accident policy, your rights to sue will be expanded.
Injured In Car Accident Not My Fault
If you have been injured in a car accident in New Jersey, it is best to speak with an attorney as soon as possible. The car accident attorneys at Maggiano, DiGirolamo & Lizzi can review your insurance coverage and advise you about your legal rights and options.
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Personal Injury Protection, or PIP, is the name of an insurance policy that provides no-fault coverage in the event of an accident. Drivers are required to have PIP coverage whether they choose a basic or standard policy.
The minimum PIP coverage required by New Jersey law is $15,000 per person per accident. Drivers can choose between a policy that only covers medical coverage or medical coverage as well as some other economic losses. Additional PIP coverage and a number of optional coverages (such as personal injury, collision, and comprehensive liability) can also be purchased as part of the basic policy.
Your PIP insurance will pay some or all of your medical bills and other potential losses after an accident. These benefits are available regardless of who was at fault in the accident.
No-fault laws are designed to reduce the cost of auto insurance by removing small claims from the courts. Drivers who purchase no-fault insurance should benefit from quick claim resolution, timely payments (versus waiting for cases to resolve through court), and reduced stress on the court system.
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On the other hand, no-fault laws limit the legal rights of drivers and passengers injured in traffic accidents. PIP insurance only covers a portion of the losses you may suffer and limits your ability to seek compensation through a personal injury lawsuit.
As in many no-fault states, New Jersey law recognizes limited circumstances in which a party or parties injured in an accident may file an at-fault claim against the other driver. New Jersey drivers who choose a basic auto policy can only file a civil lawsuit if the accident results in:
To recover damages in a civil lawsuit, you must be able to prove that (a) you suffered one of the serious injuries in the accident and (b) the other driver was at fault. An experienced attorney can gather evidence of driver negligence and present a compelling case on your behalf for losses beyond those covered by PIP insurance.
If you have standard auto insurance, you may have additional legal options in the event of an accident. Standard policies give drivers a choice between limited sue rights and unlimited sue rights.
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Under the limited right to sue, drivers and insured household members can only sue if they suffer one of the serious injuries recognized by law (see above). With unlimited rights to sue, riders and their insureds can seek full compensation regardless of whether their injuries are classified as serious and/or permanent or not.
Retaining the right to file a lawsuit after a car accident gives you the right to seek compensation from the at-fault driver beyond the scope of your PIP insurance. This includes all economic losses (including current and future medical expenses, past loss of wages and loss of earning capacity) as well as non-economic losses such as pain and suffering.
Standard policies also include uninsured motorist and underinsured motorist (UM/UIM) coverage. If you or a member of your household is injured in an accident with an uninsured or underinsured driver, your UM/UIM insurance will cover losses that the at-fault driver would not. Obtaining UM/UIM insurance benefits depends on your ability to prove that the other driver was at fault.
The attorneys at Maggiano, DiGirolamo & Lizzi have more than a century of experience representing clients in car accident claims. We understand the complexities of New Jersey’s no-fault laws and can help you identify all of your compensation options.
Scottsdale Injury Lawyers Contacted By Woman Injured In Scottsdale Motor Vehicle Accident
Our law firm is known for the results we achieve on behalf of our clients, as well as the individual and practical attention we provide to each case. The award-winning attorneys at our firm are committed to understanding your unique needs and fighting for all the damages you deserve.
For a FREE consultation, call Maggiano, DiGirolamo & Lizzi today at (201) 585-9111. Our car accident attorneys are based in Fort Lee and serve clients throughout Bergen County and New Jersey. Car accidents are the leading cause of accidental injuries and deaths in the United States each year, and unexpected traffic accidents can have a devastating and disruptive impact on the country. in many ways. When you or someone you love is injured and suffers economic losses due to a car accident that was not your fault, it is normal to feel depressed and frustrated. The first steps you take immediately after an incident will greatly influence the outcome of any recovery efforts you undertake.
The attorneys at Belgum, Fry & Van Allen strive to provide our prospective California clients with useful information that they can refer to in any given situation. Our team has successfully represented numerous clients throughout Southern California in a variety of car accident claims. We know the challenges victims face in obtaining insurance claims and obtaining responsibility for the defendants who caused their accidents. The following are the best first steps to take after a car accident that is not your fault.
Your health and safety should be your primary concern after a motor vehicle accident. If you are seriously injured, do not move as you risk worsening your injury. Instead, wait until first responders arrive. If you feel well enough to move, take care to check for other people involved in the accident. If no one has done so, call 911 to report the incident. Once the police arrive and conduct a preliminary investigation, they will let you know when you can leave. Get medical help immediately, even if you think you only have a minor injury.
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Although the initial aftermath of any car accident can be messy, you should try to document as much evidence from the accident scene as possible. For example, take photos of your injuries, damage to your vehicle, and the location of the vehicles involved in the accident. These photos can be invaluable in subsequent insurance claims and/or in the event of an injury.
If anyone else witnessed the accident, get their contact information and try to record their initial statements if possible. Their memories of the incident can be invaluable to your subsequent recovery efforts.
Filing an insurance claim may be the first step toward recovering accident losses. However, if your accident results in serious injuries, an insurance claim may not be enough for full recovery and you will also need to file a personal injury claim. Before you talk to any insurance company or accept any offer to settle your accident, it is important to consult with an attorney as soon as possible.
An experienced attorney is an invaluable asset to any recovery after a motor vehicle accident. Your legal team can help you file an auto insurance claim against the at-fault driver’s policy. He or she will also assist you in all necessary interactions with the insurance company and ensure that your claim is processed in good faith.
Can You Sue In California For A Car Accident If You Are Not Hurt?
After exhausting your insurance recovery options, you may have extraordinary losses that can only be recovered through a successful personal injury lawsuit. Legal advice you can trust will be invaluable if you are in this position. The sooner you speak with an experienced attorney, the better your chances of maximizing the total compensation you receive for your accident.
Frequently asked questions about what to do after a car accident that wasn’t your fault in California How to prove fault in an accident?
Claiming liability for a recent car accident requires proving that the fault or intentional negligence of another driver behind the wheel directly caused your accident and the damages claimed. Proof will likely require a combination of physical evidence, witness statements, and possibly input from relevant experts. Consulting an attorney as soon as possible after an accident is the best way to preserve the evidence you need to make your recovery efforts successful.
California uses a fault-based system to handle car accident claims. This means that the person who caused the accident is responsible for the resulting damage. California law requires all drivers to have auto insurance and you could file a lawsuit against them
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