New Jersey Car Accident Lawyer
A car accident can lead to weeks of pain, medical appointments, and mounting bills. When another driver’s carelessness causes the crash, you should not have to cover the costs of someone else’s negligence. A New Jersey car accident lawyer with Goldstein & Bashner could help you understand your rights and pursue compensation under the state’s insurance system.
The no-fault requirements and limits on the right to sue can surprise many drivers. An experienced personal injury attorney could explain how these rules apply to your situation and how to pursue fair compensation for the harm you have suffered.
How Does No-Fault Insurance Work?
The no-fault system shapes how every crash claim begins. Under state law, all drivers must carry personal injury protection (PIP). This coverage pays for medical treatment and certain economic losses after a crash, regardless of which driver caused it.
PIP allows motorists who sustain injuries to seek prompt care without waiting for a liability decision. It generally covers medical expenses, part of the income a motorist loses while recovering, and certain other eligible costs within policy limits. An attorney handling auto collision claims in New Jersey could help drivers who sustain injuries file a PIP claim correctly and address coverage disputes that insurers raise.
The Limitation on Lawsuit Threshold
Due to the state’s no-fault auto insurance system, there are restrictions on certain lawsuits. When purchasing a standard policy, drivers choose between the “No Limitation on Lawsuit” option, which preserves an unrestricted right to sue for pain and suffering, and the “Limitation on Lawsuit” option, or verbal threshold, which restricts that right.
Under New Jersey Statutes Annotated § 39:6A-8, a driver under the limitation can pursue noneconomic damages such as pain and suffering only if the injury falls within one of six statutory categories, including:
- Death
- Loss of a fetus
- Dismemberment
- A displaced fracture
- Significant disfigurement or scarring
- Objective medical evidence establishing a permanent injury
Determining whether an injury meets this threshold is often a central issue in a case. A lawyer handling a New Jersey car wreck claim could gather medical proof to show that the injury meets the threshold.
Proving Fault and Recovering Damages
To recover economic losses beyond PIP limits or compensation for pain and suffering, a person who sustains injuries must prove that another driver was at fault. The modified comparative negligence rule under N.J.S.A. § 2A:15-5.1 governs shared fault.
Under that statute, a person who sustains injuries may recover damages if they are not more than 50 percent responsible, though their share of fault reduces any award. Several forms of evidence may support a claim, including:
- Photographs
- Crash reports
- Expert analysis
- Witness accounts
- Surveillance or traffic footage
Drivers who sustain injuries generally have two years to file suit, so an attorney serving New Jersey could help protect a claim arising from a motor vehicle crash before the deadline.
Contact Our New Jersey Attorneys After an Auto Collision
A crash can make no-fault rules, insurance disputes, and filing deadlines harder to manage. Understanding how PIP works, whether the verbal threshold applies, and how fault affects recovery could help you make informed decisions about your claim.
At Goldstein & Bashner, a New Jersey car accident lawyer from our team could review the circumstances of your crash, explain your options, and handle insurance matters and paperwork while you focus on healing. Contact us today for a free consultation.
