When you get into a car accident that is caused by another driver’s negligence, you expect that driver and their insurance to pay for your damages.
However, New Jersey is a no-fault state. That means your car insurance policy is intended to cover those damages even if you did nothing wrong. When a claim is denied or the reimbursement is too low, you have the right to file a civil complaint and present your accident evidence to a judge and jury in order to recover what you’re due.
What Are the Reasons to File a Car Accident Lawsuit?
Before you can take your car accident claim to court, you’ll need to go through the insurance process. Unfortunately, there are many reasons why taking your car accident claim to court might be the only viable option to recover what you’re due.
Consider the following reasons for filing a car accident lawsuit:
Your Insurance Won’t Cover Your Damages
One of the main reasons that New Jersey is a no-fault state is to prevent lawsuits from being filed. The theory goes that if your insurance company is covering your damages, there shouldn’t be a need for a lawsuit.
You will have Personal Injury Protection (PIP) insurance that is supposed to provide compensation for your medical expenses and lost wages.
Suppose your policy doesn’t cover your complete medical expenses?
Technically, your insurance is only obligated to pay up to the limit of your policy. For instance, if you carry the minimum PIP insurance, it would be $15,000. If your medical bills are $25,000, the insurance company is only obligated to pay $15,000. In that case, you might want to file a claim with the at-fault party’s insurance company to make up the deficit.
On the other hand, if your insurance company denies your claim outright, you can file a civil complaint to take them to court.
The Other Driver Is At-Fault
Even though New Jersey is a no-fault state, fault in an accident can still be assigned. When you can establish that liability, you can file a claim against the at-fault driver’s insurance company.
Examples of negligent driving can include the following:
- Speeding
- Driving under the influence of drugs or alcohol
- Distracted driving
- Failing to yield the right of way
- Failure to obey traffic lights
- Devaluing Your Claim
Your insurance company might recognize that you have a valid claim, but they might not agree with the amount you’re asking for. They could offer a settlement that devalues your claims.
You might be tempted to accept that offer and close the matter. Once you do, you won’t have the opportunity to get any additional funds for future medical expenses. If you feel that you’re entitled to more than what the insurance company is offering, a lawsuit might be the only way to get those funds.
Limitation on Lawsuit
When you set up your car insurance in New Jersey, you will have the option to select either a limitation on lawsuits or a verbal threshold. That means you are not able to sue for noneconomic damages like pain and suffering. There is a “no limitation on lawsuit” option, but that means higher premiums.
The exceptions to the limitation on lawsuit policy allow you to file a claim outside of the no-fault system if you meet one of the following criteria:
- Loss of limbs or dismemberment
- Significant disfigurement or scarring
- Broken bones or fractures
- Loss of an unborn child
- Permanent Injury to a body part that will never heal
- Death
The Importance of an Experienced Attorney
The moment you begin the process of filing an insurance claim, you should consider involving an experienced attorney like the team at Folkman Law. Our goal remains to support our clients and help them achieve the maximum possible compensation.
We’re skilled negotiators who understand how insurance companies operate. We know all their tactics.
More importantly, we also have extensive experience in litigation. If we reach an impasse in negotiations with the insurance company, we may advise our clients to pursue their car accident claim in court. We’ll be fully prepared to present the evidence to the jury while keeping the door open for a settlement.
If you’ve been involved in a serious car accident, we want to hear from you.
Call to schedule a consultation to discuss what happened.
