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Rosenberg, Kirby, Cahill, Stankowitz & Richardson
Rosenberg | Kirby | Cahill | Stankowitz & Richardson
Protecting The Injured

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When can I sue for car accident injuries in a no-fault state?

New Jersey is one of only 12 states with no-fault insurance laws, allowing residents who are injured in a car accident to cover associated treatment or lost wage costs up to policy limits of their insurance — no matter who is at fault for the accident.

But under what circumstances does this no-fault policy fail to cover expenses? Here are a few examples of when a victim of an accident should pursue a personal injury claim in court.

The insurance’s settlement offer isn’t adequate

After receiving an injury report, your insurance company will offer an amount you can use to cover expenses associated with your injuries, such as medical treatment and lost wages.

If you don’t believe that the settlement offer from your insurance carrier is appropriate, you may appeal it or consult with an attorney about filing for a personal injuries lawsuit.

Your injuries are serious or permanent

Your decision to purchase standard or basic insurance coverage may influence whether you need to file a personal injury lawsuit. Standard policies cost more, but it may make a suit unnecessary because the policy covers bodily injuries.

Basic policies, on the other hand, provide fewer benefits. With basic insurance, you may need to sue if you suffer a serious injury, such as an injury that is permanent or the loss of a pregnancy.

You are within the statute of limitations

In New Jersey, the statute of limitations allows you up to two years from the date of your injury to file a personal injury claim against a party you believe to be at fault for the accident. Especially for those who develop delayed injuries that are not covered by the insurance settlement offer, a lawsuit may be necessary.

If you have been injured and aren’t sure whether you should take the case to court, ask the advice of a personal injury attorney. A lawyer can help set expectations for whether you may be entitled to damages.