After being in a car accident, it is important to understand your legal rights and options. New Jersey’s accident laws can make it difficult to sue the other driver in your crash, but you may be able to recover compensation for damage done to your vehicle. Read on and speak with a Middlesex County auto accident attorney for more information.
Is New Jersey a No-Fault State?
Yes, New Jersey is a no-fault state when it comes to auto accidents. This means that when you are involved in a car accident, you must file a claim with your own insurance company first through PIP (Personal Injury Protection).
However, PIP only covers certain expenses. No-fault insurance is designed to reimburse medical expenses, lost wages from time taken off work, and other related costs, regardless of who was responsible for the accident. This coverage does not include the costs to repair damage to your vehicle.
Can I Sue for Damage to My Vehicle in NJ?
Because PIP does not cover property damage, you may wonder about your right to pursue compensation. There are several options available.
You can opt into additional coverages like collision and comprehensive insurance. Collision insurance offers coverage for damage to your vehicle that results from a collision with another car or object. Comprehensive coverage protects you from damage to your vehicle that is not the result of a collision, like vandalism, fire, or a broken windshield. Regardless of who is at fault for the damage, if you are opted into these coverages, you can recover compensation for your vehicle damage.
However, as stated, these are optional coverages. If you do not have the protection of these insurances or if your expenses exceed your policy limits, you can take legal action against the at-fault party. New Jersey’s no-fault laws do not apply to vehicle damage.
How Can I Recover Compensation?
You can recover compensation for your property damage by filing a third-party claim against the liable driver or their insurance provider. Consult with a personal injury attorney to discuss your case and determine whether you have a valid claim. Work with your legal team to gather information and evidence relevant to the situation.
In order to recover compensation, you must be able to prove that the other driver was responsible for the accident and therefore your damages. You can do this by establishing negligence. The four elements of negligence are:
- The driver owed you a duty of care
- The driver breached the duty of care
- The breach of duty caused your accident
- You sustained real damages as a result
You can establish the driver’s breach of duty by proving that they violated traffic laws in some way, whether by texting and driving, speeding, running a red light, etc. If you can provide enough evidence to demonstrate the driver’s liability, you can be awarded compensation for your property damage and any other expenses that were not covered by your PIP policy.
