According to the State of New Jersey, around 250,000 car crashes happen each year in the state. Around 20% of them end up with an injury or a fatality. Do you know what you should do if you’ve been injured after a car crash?
The first thing is to call 911. The second thing is to call Rand Spear. We’re the New Jersey car accident lawyers that will demand the true value of your case from the insurers. We’ll get you the money you deserve after a car accident.
Getting Evidence at the Scene
Calling us immediately after calling 911 will help us preserve evidence at the scene, but there are some things you can do to help your case after a car accident. Not all of these may be possible, but anything you can do will help us with your claim:
- Take photos of the accident scene, the vehicles, and your injuries
- Find any eyewitnesses and ask them if they saw anything. If they did, take down their contact information for later.
- Look for any cameras that may have seen what happened. We can subpoena the footage.
- Do your legal obligation by exchanging name, contact information, and insurance information with the other driver(s).
New Jersey’s No-Fault Insurance Rules
New Jersey is a state that uses PIP insurance to cover damages. This is also called no-fault insurance because you don’t have to prove the other driver did something wrong. Instead, you will make a claim against your own policy.
Your insurance policy will play a big role in how much you can claim and whether you can sue. Your policy will either have a limited or an unlimited right to sue. If it is unlimited, you can sue for additional non-economic damages after an accident.
If it is limited, you can only do so if you have sustained a permanent injury. Under the law, a permanent injury is one that will never heal back to full function even with further medical treatment. Our New Jersey car accident attorneys will work to prove if your injury is permanent so you’ll know if you can sue or not.
New Jersey Car Accident Lawyer Near Me (215) 985-2424
What Can Get Covered by PIP Coverage?
New Jersey law allows the following damages for PIP claims:
- Medical services
- Medication
- Rehabilitation
- Surgery and hospital expenses
- Diagnostic charges
- Ambulatory services
They also allow damages for lost wages if you cannot work because of your injuries, and next of kin may get death benefits if they show proof of death to the insurer. New Jersey also allows standard health insurance to cover car accidents if you do not wish to purchase PIP coverage or if you want double coverage.
When Can I Sue the Other Driver?
There are two scenarios you’ll likely face. First, if you have sustained a permanent injury because of the accident, then you can sue the other driver for additional damages, including pain and suffering.
The way to sue the other driver when you don’t have a permanent injury is to purchase full tort insurance coverage. Insurers in NJ will give you the choice of full tort or limited tort coverage. Full tort is significantly more expensive, but it gives you the full rights to sue an at-fault driver for additional damages.
Do I Need a Lawyer if I’m Using My PIP Coverage?
PIP coverage is supposed to help car accident victims get money quickly after an accident without going to the courtroom. However, insurers know ways to minimize the value of claims and will try to do so if they can even to their own customers.
You can put a stop to these tactics by hiring a car accident attorney to help you with your PIP claim. We can ensure your claim has all the damages you’re entitled to receive and fight your insurer if they refuse to pay what you should get.
After an accident, the first number to dial is 911. The second is to a qualified New Jersey car accident attorney to help you with your claim. Rand Spear and his team of accident attorneys have been helping the people of New Jersey for over 30 years.
What Happens if I Share Fault in the Accident?
New Jersey uses a modified comparative fault standard for all personal injury cases. As long as you are not more than 50% at fault for the accident, you can recover damages. Your percentage of fault will diminish the amount you get.
While an insurer may try to negotiate a lower value based on sharing fault before trial, it’s only enforced by the court if you have to go. This is one factor your attorney will need to weigh before advising you about going to court.
If you are found 51% or higher at fault for your car accident, the court will deny your entire claim for compensation. Fighting back against their arguments requires a legal expert on your side. Spear Greenfield can be that expert for you with one phone call.
How Long Do I Have to File?
New Jersey has a two-year statute of limitations for personal injury. After that point, you cannot sue a defendant for what happened to you. There are also tighter deadlines for making a claim with PIP which vary from provider to provider.
That’s why you should talk with a car accident lawyer in New Jersey as soon as possible after your accident. We can keep you on track with all deadlines so you don’t miss compensation over a technicality.
Are There Caps to Damages in New Jersey?
Yes there are, but they only apply to punitive damages. These are rare in car accidents. Should your case qualify for these, you’ll be limited to 5 times the amount of your other damages, or $350,000, whichever is higher.
Start Working with Rand Spear Today
If you want to know why insurance companies fear the Spear, call our law offices for a free consultation to speak with a New Jersey car accident lawyer. We will give you the information to decide about how to proceed with your case. If you choose to hire us, you will owe us nothing unless you win your case.
Get your case started now by calling the number on this page or using the contact page to send us an email. One of our staff members will work with you to schedule an appointment for your consultation. Let us make the case to you why we’re the legal team to trust after a New Jersey car accident.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
