If you’ve been injured in a car accident in New Jersey, you might wonder whether you can file a claim against the other driver. The answer depends on the specific facts of your situation. Here’s how things work.
New Jersey drivers are typically covered by Personal Injury Protection (PIP) insurance. After a crash, your own PIP policy pays for your medical expenses and a portion of your lost wages. This means that in many situations, your first step is filing a claim with your own insurance company, not the other driver’s.
That said, PIP coverage does not always cover all damages, and it doesn’t prevent lawsuits. In certain cases, you may still pursue compensation from the driver who caused the accident.
The factors at play
New Jersey allows drivers to choose between a limited right-to-sue and an unlimited right-to-sue insurance option. If you selected the unlimited option, you generally have greater freedom to pursue a claim against the other driver for pain and suffering damages.
The severity of your injuries is equally crucial. Even with unlimited right-to-sue insurance coverage, you may still file a claim if your injuries are severe enough.
Your contribution to the accident is also a crucial determinant. You cannot file a car accident claim against the other party if you were more than 50% at fault, regardless of the severity of your injuries or whether you carry unlimited right-to-sue insurance.
Take informed action
Filing a car accident claim outside of PIP coverage allows you to recover more damages, including emotional anguish, loss of quality of life and even a diminished earning capacity. It’s something you should look into if you were hurt in an accident. Seeking experienced legal guidance from a personal injury attorney at Piro Zinna Cifelli Paris & Genitempo, LLC, can help you navigate such situations, make informed decisions and protect your rights.
