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No Fault Car Accident States – About a dozen states across the country have implemented some form of “no-fault” auto accident laws. Under a no-fault system, accident claimants typically turn to their own insurance company for coverage for selected losses, including medical expenses and lost wages.
New Jersey is one of the few no-fault states that offers drivers options for their auto insurance. Drivers who choose a basic policy are often limited to no-fault coverage after an accident. On the other hand, if you purchase a standard auto accident insurance policy, your right to sue is expanded.
No Fault Car Accident States
If you have been injured in a car accident in New Jersey, it is best to speak with an attorney as soon as possible. The car accident attorneys at Maggiano, DiGirolamo & Lizzi can review your insurance coverage and advise you about your legal rights and options.
How Much Does Insurance Increase After An Accident?
Personal Injury Protection, or PIP, is the name of an insurance policy that provides no-fault benefits in the event of an accident. Drivers are required to carry PIP insurance whether they choose a basic or standard policy.
The minimum PIP coverage required by New Jersey law is $15,000 per person per accident. Drivers can choose between a policy that includes only medical insurance or coverage of medical care as well as some other economic losses. Additional PIP coverage and some optional coverages (such as bodily injury, collision and comprehensive liability) can also be purchased as part of the basic policy.
Your PIP insurance will pay some or all of your medical bills and other losses that may occur after an accident. These benefits are provided regardless of who is at fault in the accident.
No-fault laws are designed to reduce auto insurance costs by eliminating small claims from the courts. Drivers who purchase no-fault insurance will benefit from speedy claim settlement, timely payments (as opposed to waiting for the case to be resolved in court) and reduced pressure on the system. court system.
What To Do After An Accident That’s Not Your Fault
On the other hand, no-fault laws limit the legal rights of drivers and passengers injured in auto accidents. PIP insurance only covers a portion of the damages you may suffer and limits your ability to seek compensation through a personal injury lawsuit.
Like many no-fault states, New Jersey law recognizes limited circumstances in which an injured party in an accident may file a claim against another driver based on fault. New Jersey drivers who choose a basic auto policy can only file a civil lawsuit if the accident results in:
To recover compensation in a civil lawsuit, you must prove that (a) you suffered one of these serious injuries in the accident and (b) the other driver was at fault for the accident . An experienced attorney can gather evidence of the driver’s negligence and make a strong claim on your behalf for damages beyond those covered by PIP insurance.
If you have a standard auto insurance policy, you may have additional legal options in the event of an accident. The standard policy allows drivers to choose between limited rights of action and unlimited rights of action.
How A Not At Fault Claim Can Raise Your Insurance Costs
Under the limited right to sue, the driver and family members covered under this policy may only file a lawsuit if they suffer one of the serious injuries recognized by law (see above). . With unlimited rights of action, drivers and their insureds can seek full damages regardless of whether their injuries qualify as serious and/or permanent.
Reserving the right to sue after a car accident allows you to seek compensation from the at-fault driver beyond the amount covered by your PIP insurance. This includes all economic damages (including current and future medical expenses, lost wages to date, and loss of earning capacity) as well as non-economic damages such as pain and suffering. miserable.
The standard policy also includes uninsured motorist and underinsured motorist (UM/UIM) coverage. If you or a member of your family is injured in an accident with an uninsured or underinsured driver, your UM/UIM insurance will pay for losses where the at-fault driver compensation is not possible. Receiving UM/UIM insurance benefits depends on being able to prove that the other driver was at fault for the accident.
The attorneys at Maggiano, DiGirolamo & Lizzi have more than a century of experience representing clients in auto accident claims. We understand the complexities of no-fault law in New Jersey, and we can help determine all of your compensation options.
Is New Jersey A No Fault State? Who’s Liable In Car Accidents?
Our law firm is renowned for the results we achieve on behalf of our clients and the personal, hands-on attention we give to each case. The award-winning attorneys at our firm are committed to understanding your unique needs and fighting to recover all the damages you deserve.
For a FREE consultation, please call Maggiano, DiGirolamo & Lizzi at (201) 585-9111 today. Our auto accident attorneys are based in Fort Lee and serve clients throughout Bergen County and all of New Jersey. After an auto accident, it is important to identify the at-fault party to determine the extent of damages such as how medical bills and auto repairs are paid and who pays them. States have different laws regarding fault in car accidents, but Ohio is considered a at-fault state.
Because Ohio is an at-fault state, the at-fault driver’s insurance will pay for damages resulting from an auto accident. If damages incurred in the accident exceed the limits of the at-fault driver’s insurance policy, they will be held financially responsible. Most states follow similar no-fault laws.
Only a few states such as Michigan, New York, Pennsylvania and Florida have no-fault laws, in which drivers must file claims with their own insurance company regardless of who is at fault.
What Happens If You Are At Fault In A Car Accident?
If you’re ready to make an insurance claim against the at-fault driver in your accident, there are a few things you should know about the process.
Ohio law previously relied on contributory negligence, preventing a driver from recovering any damages if he or she negligently caused an accident in any way, even if the other driver was primarily responsible.
However, the current law of comparative negligence is amended to allow you and the other driver to recover damages; however, this amount will be reduced in proportion to your liability. For example, if your damages amount to $100,000, but you are found to be 10% at fault, you will only be able to recover $90,000.
If you are more than 50% responsible for the accident, you cannot recover damages from the other driver and will have to file a claim with your own insurance.
What Is No Fault Insurance?
Depending on your insurance policy and the circumstances of the accident, you may be able to file a claim with your insurance or the other driver’s insurance. You should start filing a claim as soon as possible after the accident. If you file with your own insurance company, ask if there is a deadline to file a claim. That way, you know how much time you have.
When you file a claim against the at-fault driver’s insurance, their company will send an insurance adjuster to investigate the accident. They will likely try to argue fault, placing more blame on you and making the process difficult if you do not have an attorney. An attorney can fight for you and help you focus on your recovery.
At-fault motorist insurance may also try to settle quickly, but don’t be fooled by an offer that’s too low. Your attorney can negotiate to get you maximum compensation.
If the other driver involved in your car accident did not have insurance, you may still be compensated. You can sue the at-fault driver directly, but doing so can be time-consuming and may not achieve the desired result.
Is Washington A No Fault State?
The best way to protect yourself and recover compensation if your accident involves an uninsured driver is to purchase uninsured motorist (UM) insurance. With UM insurance, you can file a claim with your own insurance company and let them be responsible for recovering money for you.
If you have been in a car accident and have questions about who will pay you for your damages, contact the car accident attorneys at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA. We can help you deal with insurance companies and guide you through the claim process – yours or the at-fault driver’s.
You deserve to be properly compensated for damage and injuries caused by your vehicle, whether you pursue an insurance claim or sue. No-fault, also known as personal injury protection, is a type of coverage in your auto insurance policy that is required to pay in some states for economic losses related to injuries. Each driver uses their required personal injury protection insurance to pay for medical bills and lost wages. The driver responsible for the accident uses their insurance for any damage to the car, and the innocent driver may absorb the pain and suffering through the insured driver’s insurance. error.
Blame is the name of the game after a car accident. If you can prove that the other driver caused the accident, meaning the other driver was at fault, then you can claim damages from them. At least that is
