New Jersey Auto Claims Process
Chances are that at some point in your life you may be involved in a car accident. Those who have been through it know that dealing with the aftermath can be extremely difficult and time-consuming. In order to avoid costly mistakes and to ensure you receive the maximum benefits award allowed under the law, contact an experienced and skilled Camden County car accident lawyer for assistance with your claim.
New Jersey is a No-Fault State
Many states, including New Jersey, have adopted a “no-fault” system of auto insurance. Otherwise known as Personal Injury Protection (PIP), this system covers the medical costs for the driver and anyone else covered under the policy who have been injured in a crash, regardless of who was at fault for the car accident. PIP may also cover certain other expenses that result from car accident injuries, such as lost wages and the need to hire someone to help take care of the home or family. The purpose of PIP is to avoid costly and lengthy legal battles, and to ensure speedy payment for medical bills in the event there is ever an accident.
Though the idea of no-fault insurance may seem great in theory, it can have its drawbacks. For instance, it limits one’s right to sue another driver for pain and suffering, emotional distress, and inconvenience. Secondly, because the medical bills for an injured car accident victim are being paid for by the victim’s own insurance, many car insurance companies make it more difficult for the insured to successfully pursue a claim. This is because insurance companies often decide that it is cheaper for them to fight that claim rather than pay for it out of PIP. For this reason, it is important to seek the advice of an experienced car accident lawyer who is familiar with New Jersey insurance laws before giving any statements to an insurance adjuster.
Your Right to Sue another Driver
Victims whose injuries meet a certain threshold of severity are entitled to pursue additional compensation by filing a legal claim against the other driver. The threshold is determined either by the seriousness of the injury, as evidenced by permanent scarring, disfigurement, or fractured bones; or by the length of disability, such as an excess of 60 days.
After the severity of the injury is established, the plaintiff must prove that the defendant is legally responsible for his or her car accident injuries. This can be accomplished by proving that the accident was caused by the driver’s negligent actions, such as distracted driving, drunk driving, drowsy driving, or speeding; or in-actions, such as if the driver failed to stop at a red light.
In many states, the amount of compensation an accident victim is entitled to recover from an at-fault driver is affected by the degree to which each driver contributed to the accident. In New Jersey, a plaintiff may only recover damages if a court finds that he or she was less than 50% at fault for the accident. Then, the amount of recovery is diminished by the degree to which the plaintiff was at fault. For example, if a jury decides that the amount of compensable damages is $100,000, but the plaintiff was ten percent at fault for the accident, the amount of damages the plaintiff could recover would be $90,000.
The amount of fault is determined on a case-by-case basis. The law provides no specific guidelines or procedures for assessing fault and responsibility, so it is essential to hire a skilled South Jersey personal injury lawyer with proven experience in handling South Jersey car accident cases.
Camden County Car Accident Lawyers at DiTomaso Law Obtain High Compensation for Accident Victims
If you have been injured in a car accident in New Jersey, our Cherry Hill car accident lawyers at DiTomaso Law can help ensure that you receive the total amount of compensation to which you are entitled. Whether you need help getting your insurance company to cover your necessary medical and other expenses, or if you wish to pursue a claim against the driver who caused the accident, we have the experience and the resources necessary to achieve the best possible outcome for your case. We keep our fees low so you recover more.
Our Camden County personal injury law offices are located in Cherry Hill, NJ and Philadelphia, PA, allowing us to serve clients throughout the South Jersey and Philadelphia region, Mount Holly, Cherry Hill and Camden County. Contact us online or call today at 856-414-0010 to schedule your free consultation with one of our dedicated and highly skilled Camden County car accident lawyers.