Being involved in a car accident is never fun, and often is accompanied by a variety of damages. In the aftermath of your crash, you may wonder about your right to compensation for your injuries, property damage, and other losses. While New Jersey is a no-fault accident state, you may be able to sue for your vehicle damage. To learn more, read on and secure the help of an experienced Bergen County car accident lawyer today.
Is New Jersey a No-Fault State?
New Jersey operates under a no-fault system when it comes to auto accidents. All drivers are required to carry no-fault insurance coverage, known as PIP (personal injury protection). PIP provides coverage for two types of damages: medical expenses and other injury-related costs. The cost of treatment from hospitals, medication, surgeries, and more can all be covered under this insurance, in addition to other expenses you may have because of your injury, like lost wages or the cost to hire help.
After being involved in an auto accident, all parties are required to file a claim with their own no-fault insurance coverage before taking any other legal action. Only after exhausting the PIP policy can an individual consider seeking compensation for their damages elsewhere.
Can I Sue for Vehicle Damage After an Accident in NJ?
While PIP insurance offers significant benefits to those involved in a car accident, the policy does not cover vehicle damage, property damage, or non-economic damages. Because the no-fault system does not handle vehicle damage, you must pursue legal action for compensation in other ways.
First, you will generally file a claim against the negligent driver’s liability insurance. Their insurance provider should approve and pay your claim, given that there is evidence of the driver’s fault and your associated expenses. You could also use your own collision coverage if you have opted into a policy.
However, if you do not have collision coverage, the liable driver does not have insurance, your claim was denied, or there are disputes about fault, you may resort to suing the other driver.
How Can I Sue the Other Driver?
If you decide to pursue a lawsuit against the other driver in your accident, you should consult with a skilled attorney who can evaluate your situation and determine whether you have a valid claim. With their help, gather and present evidence establishing that they were negligent on the road, which directly caused the accident and your property damage.
In New Jersey, the statute of limitations for property damage cases is 6 years, meaning that you have 6 years from the date of the accident to file a lawsuit or initiate legal action for compensation. If, however, you are also suing for your injuries, the time limit is only 2 years.
It is crucial that you understand how to protect your legal rights and options after a car crash. Work with a skilled personal injury attorney for experienced representation.
