New Jersey is a no-fault car insurance state. The state’s auto insurance rules require every motorist to carry personal injury protection. This coverage pays for medical expenses for the driver and passengers after a traffic collision, regardless of who is at fault.
Does the no-fault insurance law prevent those injured in a car accident from filing a personal injury claim? Not necessarily. Here are the parameters.
Injury requirements in a personal injury car accident lawsuit
Severe injuries frequently result in losses that exceed PIP insurance limits or are not covered under the policy. For this reason, New Jersey law permits personal injury claims when a car crash results in serious injuries. According to the state, severe injuries must meet one of the following criteria:
- Displaced fracture
- Significant disfigurement or scarring
- Permanent disability other than disfigurement or scarring
- Loss of fetus
If any of these is true, the injured party can file a claim. However, the claimant must prove that the other driver was negligent and that the individual’s negligence caused the accident that led to the injuries.
Liability requirements for compensation
Establishing liability is the other hurdle for those filing a personal injury claim after a lawsuit. New Jersey’s modified comparative negligence law stipulates that if a claimant is more than 50% liable for the accident, the individual is not entitled to collect damages in a personal injury claim.
Those who think their claims qualify for legal action must file a personal injury claim within two years of the accident. Once the deadline passes, they have no legal recourse.