What Does it Mean to be a “No-Fault” Accident State?
If you live in New Jersey and were involved in an accident, you’re probably familiar with the phrase “no-fault insurance coverage.” No-fault car insurance coverage is a type of insurance that many states, including New Jersey, require. This type of coverage helps protect you after being involved in a car accident. As the name implies, this type of coverage will help offset the cost of your medical bills regardless of who was at-fault for the accident. Simply put, any injured driver in New Jersey must turn to their own insurance coverage to cover costs associated with the accident, even if the other driver was completely at-fault for what happened. Despite this, though, that doesn’t mean determining liability for the accident isn’t important; it is. Learn why below.
Why Determining Fault is Still Important
It may still be necessary to determine who is at fault when a car accident occurs, especially if your injuries are severe. Car insurance policies will often have maximum coverage limits. This means that they will only cover a certain amount of damages. If your damages exceed this limit, then you may need to seek compensation from the responsible individual.
This is done through a third-party personal injury lawsuit. When building your case, your lawyers will determine fault by identifying the following elements:
- Legal duty of care: The responsible individual must have held a legal duty of care for your safety and wellbeing.
- Breach of duty: The responsible individual must have breached that duty of care. When an accident occurs, this is usually through negligence.
- Causation: The negligent actions of the responsible party must have been the cause of the accident.
- Damages: In addition to causing the accident, there must be damages that can be compensated.
Hiring an experienced lawyer will help you identify these important elements. We will build your case by gathering evidence like photographs, videos, witness statements, and income statements. This will not only identify who was at fault for the accident but also how the accident impacted your life and put you in a difficult financial position.
Recoverable Costs Following a Car Accident
No-fault insurance covers medical bills. It does not cover property damages, so if you have extensive damage to your vehicle, you may need to seek compensation from the responsible driver. It is important to understand what your insurance covers, and what it doesn’t before you are involved in a car accident. Otherwise, you could be left with expensive medical bills and the inability to pay them. When shopping for car insurance, read the fine print, and ask any questions you might have about coverage.
When you are involved in a car accident, it can be helpful to discuss your case with a lawyer to ensure that your insurance covers their portion. If another driver is to blame, then we will also seek compensation from them. Don’t let the injuries from a car accident ruin the rest of your life. Fight for your legal rights and get the compensation that you need to recover.
Contact a Red Bank Personal Injury Lawyer to Discuss Your Car Accident Case in New Jersey
Were you or a loved one injured due to a car accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Drazin and Warshaw, P.C. represent clients injured in Toms River, Brick Township, Jackson Township, Point Pleasant and throughout Monmouth County, Ocean County and Middlesex County, New Jersey. Call (732) 576-8860 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 25 Reckless Place, Red Bank, NJ 07701 as well as offices in Hazlet and Brick.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
