If you want to sue for damages after a car accident in New Jersey, liability is going to matter. There are also state laws and rules about how insurance coverage works in this state that you need to be aware of. A Monmouth County auto accident lawyer from our firm can tell you when it’s possible to pursue compensation and they can help you build a convincing case.
How Does Liability Work in a “Hybrid” State Like NJ?
New Jersey is a no-fault state, but it allows drivers to opt out of that for a fault-based system. If you do not opt out, liability does not matter as long as your own insurance coverage can cover your medical expenses and other costs, like lost wages, through the personal injury protection part of your policy.
When Can I Sue For Damages?
If you did opt out of the no-fault system, then you can sue for damages. You would have to show that the other driver was negligent though. So you could get more money than you would have received from making a claim with your own insurer under no-fault rules, but there is a bit more work involved.
Drivers who stay in the no-fault system can also sue for damages, but they must show that they have serious injuries and that their own coverage is not enough to cover all of the expenses stemming from an accident. Then you have to prove liability on the part of another driver when you make your claim.
How Can I Prove Liability?
You need evidence of the driver’s negligence and the damages you suffered because of their actions. Some items that can help include:
- Pictures of the accident scene and damaged vehicles
- Estimates for vehicle repairs
- The police report from the accident
- Medical records
- Medical bills
- Eyewitness testimony
The more evidence you have, the easier it will be to show liability.
Do I Need a Lawyer?
You are not required to hire a lawyer when making a personal injury claim or even when filing a lawsuit. An attorney can do a lot to help you with your case though. Someone from our firm can:
- Help you gather evidence
- Defend you from accusations of wrongdoing or negligence
- Handle negotiations with insurers on your behalf
- Answer any questions that you have about the legal process
- Advise you on whether or not you should take your case to trial
- Prepare you for depositions of testimony
- Connect you with expert witnesses
Contact Our Law Firm
If you have any questions about pursuing compensation after a car accident in New Jersey, we want to hear from you. Contact the Falcon Law Firm and ask to schedule a consultation with our team. We look forward to assisting you with your case.
