If you have been involved in a car accident in New Jersey, you need to be aware of the various state laws that could affect your claim. It will help you navigate your case and ensure you get what you deserve at the end of it all.
Here is what you need to know.
You need to file a claim with your own insurance company first
Under New Jersey’s no-fault laws, you first need to turn to your own insurance company for compensation if you sustain injuries in a car accident. However, you may turn to the other driver’s insurer if your cover is insufficient to compensate you.
Your contribution to the accident will affect compensation
New Jersey follows modified comparative negligence, otherwise known as the 51% rule. It means that you can only recover damages if you were 50% or less to blame for the accident. Still, the value of your claim will be diminished to reflect your contribution to the accident.
For instance, if you contributed to the accident by 50%, you can only receive half the amount of compensatory damages.
Your claim is subject to the statute of limitations
Should you intend to bring a personal injury lawsuit against the other party in court, you have two years from the date of the accident to do so. This is known as the statute of limitations.
If you wait beyond the stipulated time, the court could dismiss your claim. In that case, you may have to settle for the insurance company’s settlement offer, no matter how small.
Protecting your claim
Having the necessary information on handling your case is essential to safeguarding your legal rights. Furthermore, it will increase your chances of a desirable outcome by helping you avoid common mistakes when pursuing compensation.