Best Car Accident Lawyers in New Jersey
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List of the best lawyers in New Jersey, United States
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About Car Accident Law in New Jersey, United States
Car accident law in New Jersey is designed to protect individuals who have been involved in motor vehicle collisions. New Jersey follows a no-fault insurance system, meaning that after most car accidents, your own insurance pays for your medical expenses, no matter who caused the accident. However, there are certain situations where you may step outside these no-fault rules and pursue a claim or lawsuit against the at-fault party. Understanding your rights and obligations under New Jersey car accident law is vital to ensuring you receive fair compensation for injuries, property damage, and other losses.
Why You May Need a Lawyer
Seeking legal help after a car accident in New Jersey is often necessary for several common reasons. Legal assistance may be crucial if you experience severe injuries, face high medical bills, or have disputes with insurance companies about compensation. Complex cases involving multiple vehicles, commercial trucks, or pedestrian injuries often require a lawyer's expertise. You may also need an attorney if you are being unfairly blamed for the accident or if the insurance company denies your claim or offers an inadequate settlement. Legal professionals help you understand your rights, negotiate with insurers, and pursue fair compensation through settlement or litigation if needed.
Local Laws Overview
There are several key aspects of local laws relevant to car accidents in New Jersey:
- No-Fault Insurance: New Jersey drivers must carry Personal Injury Protection (PIP) coverage, which provides immediate medical coverage regardless of fault. However, PIP does not cover property damage or non-economic damages like pain and suffering in all situations.
- Limited Right to Sue: Under the no-fault system, your right to sue the at-fault driver is restricted unless you meet specific thresholds, such as sustaining serious or permanent injuries.
- Comparative Negligence: New Jersey uses a modified comparative negligence rule. If you are more than 50 percent at fault for the accident, you cannot recover damages. If you are 50 percent or less at fault, your settlement or judgment will be reduced by your percentage of fault.
- Statute of Limitations: You generally have two years from the date of the accident to file a personal injury lawsuit. For property damage claims, the statute of limitations is six years.
- Insurance Requirements: All New Jersey drivers must carry minimum amounts of liability, PIP, and uninsured or underinsured motorist coverage.
Frequently Asked Questions
What should I do immediately after a car accident in New Jersey?
Check for injuries and call 911 if needed. Move vehicles to a safe area if possible, exchange information with other drivers, take photos of the scene, and report the accident to your insurance company.
Does New Jersey's no-fault insurance mean I cannot sue the other driver?
Not always. You can sue the other driver if you suffer serious injuries, as defined by New Jersey law, or if the damages exceed your PIP policy limits.
What is considered a serious injury in New Jersey car accidents?
Serious injuries may include significant disfigurement, displaced fractures, loss of a body part, permanent injury, or death.
How long do I have to file a lawsuit after a car accident?
You generally have two years from the date of the accident to file a personal injury lawsuit and six years for property damage claims.
What if the other driver does not have insurance?
You can use your own uninsured motorist coverage to pay for your losses, depending on your policy limits and the specifics of your insurance plan.
What happens if I am partly at fault for the accident?
Under comparative negligence, you can still recover damages if you are 50 percent or less at fault, but your compensation will be reduced according to your percentage of fault.
Should I talk to the other driver's insurance company?
It is generally best to consult with your attorney or notify your own insurance company before giving statements to the other party's insurer.
What types of compensation may I be entitled to?
You may be eligible for compensation for medical expenses, lost wages, pain and suffering, vehicle repairs or replacement, and other related costs.
Do I have to report every car accident to the police in New Jersey?
You are required to report accidents that result in injury, death, or property damage exceeding 500 dollars to the local police, county police, or New Jersey State Police.
How much will it cost to hire a car accident lawyer?
Many car accident lawyers in New Jersey work on a contingency fee basis, meaning you do not pay unless they recover money for you. Discuss fees and payment arrangements with any lawyer before hiring them.
Additional Resources
Here are some helpful organizations and resources for car accident victims in New Jersey:
- New Jersey Department of Banking and Insurance - Offers information on auto insurance requirements and consumer rights
- New Jersey Motor Vehicle Commission - Provides details on reporting accidents and obtaining driving records
- New Jersey State Police - For accident reporting procedures and public records
- New Jersey Bar Association - Can help you find qualified attorneys in your area
- Local Legal Aid Offices - Offers free or reduced-cost legal assistance for eligible individuals
Next Steps
If you have been involved in a car accident in New Jersey and believe you may need legal assistance, consider taking the following steps:
- Gather all documentation related to your accident, including police reports, medical records, repair bills, and insurance correspondence
- Contact your insurance company to report the accident and initiate a claim
- Consult with a qualified New Jersey car accident lawyer as soon as possible to discuss your rights, potential claims, and next actions
- Do not accept an insurance settlement offer without first understanding your legal rights and the value of your claim
- Follow up promptly on medical treatment and maintain records of all related expenses and lost income
Taking these proactive steps can help ensure your rights are protected and that you receive the full compensation you may deserve after a car accident in New Jersey. For more personalized guidance, reach out to a local attorney or one of the resources listed above.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.