If you or someone you know recently sustained an injury in a New Jersey car accident, you are probably trying to figure out how to pay for unexpected medical expenses. You may be able to receive compensation for your injuries.
Here is what you need to know about recovering damages after a New Jersey car crash.
No-fault insurance law
New Jersey is a no-fault insurance state, which means your insurance should pay for your medical care and lost wages after a car accident injury, regardless of who was at fault. Your standard or basic personal injury protection plan pays between $15,000 and $250,000, depending on your plan’s coverage. No-fault insurance speeds up the compensation process but limits your ability to sue for pain and suffering if your injuries are not severe.
Modified comparative negligence rule
If your injuries are severe enough to consider suing the at-fault party, you should know about New Jersey’s modified comparative negligence rule. According to this law, you can only recover damages in proportion to the other driver’s percentage of fault. For example, if you were 10% at fault and the other driver was 90% responsible, you can only get up to 90% of the total amount. You cannot recover damages from the other driver’s insurance if you are more than 50% responsible for the accident that caused your injuries.
Regardless of who is at fault for your injury, you can seek compensation from your insurance company to pay for your expenses while you recover. However, the extent of your injury and percentage of fault may impact your ability to recover damages from the other driver.