As drivers in New Jersey, we aim to operate our vehicles safely to our destination, but while we drive safely, it’s important to understand the basic facts about the laws and the process in the State of NJ if you suffer personal injuries in a motor vehicle accident.
Edward P. Shamy Jr. is a personal injury lawyer proudly serving New Brunswick, NJ and the surrounding articles. In this article, we’ll detail the different car accident laws in New Jersey so you can know what to do if you are ever involved in an accident.
New Jersey is a No-Fault Insurance State
NJ is a no-fault insurance state, which means that your own insurance provider covers any medical expenses in the event of an injury. Generally speaking, you cannot sue the party that caused the accident for your medical expenses, unless those expenses exceed the limits of your insurance coverage.
The typical auto insurance policy provides $250,000 worth of medical insurance coverage with a $250.00 deductible, but there are numerous alternative coverage limits and deductibles available. Many individuals choose medical coverage through their auto policy as low as $15,000, which in my opinion is a mistake, especially if they do not have adequate health insurance coverage.
Others choose to make their Health Insurance primary and therefore have no medical coverage through their auto insurance. This selection should never be made without conferring with your major medical health insurance provider to determine if they permit you to make an election for your health insurance to be primary.
Coverage of $250,000 may sound like a whole lot of coverage but, with medical costs being what they are, it is certainly recommended
New Jersey Car Accident Statute of Limitations
In New Jersey if you are injured in a motor vehicle accident and wish to pursue compensation for your injuries, a lawsuit must be filed on your behalf within two (2) years of the date of the accident; or in the case of injuries to a minor, before their 20th birthday (two years after an individual has attained the age of 18). The Statute of Limitations cannot be extended. If the claim is not settled or filed within the two-year time frame your claim for compensation and damages is completely barred.
Call The Police At The Scene Of The Accident; Do Not Leave
In New Jersey, if you are involved in any motor vehicle accident resulting in injury to any person, or damage to property exceeding $____, you are required to remain and the scene of the accident and to report the accident to the police. The drivers may not leave the scene until the police respond, investigate and permit them to depart. Not only is it the law to report motor vehicles accidents, but it is also good practice.
When the police respond they investigate, interview the drivers, take essential information, including insurance coverage from each driver, take statements from witnesses and prepare a report. The police can also call a rescue squad to the scene if needed or requested. It is wise for you to take photographs of the damage to the vehicles and the position in which each vehicle came to rest after the collision.
Comparative Negligence
Usually there is only one party responsible for causing an automotive collision, but sometimes it’s not that simple. New Jersey is a Comparative Negligence State. If you are found to be 10% responsible for causing the collision you would receive 90% of the damages you suffered. If you were found to be 50% responsible for the accident you would receive 50% of the damages. However, if you were found to be 51% responsible for the collision you would be completely barred from any recovery for damages against the other party.
Contact a Personal Injury Car Accident Lawyer Today
If you’ve been injured in a car accident that resulted in injury and damage, and you’re looking for compensation from the party at fault, you’ll need the help of a personal injury lawyer with experience with New Jersey car accident laws.
Edward P. Shamy Jr. more than a decade of experience with helping NJ drivers receive compensation for medical expenses due to accident injuries. If you’ve been involved in an automotive collision and are looking to receive compensation for your injuries, contact Edward P. Shamy Jr. today!
