In general, New Jersey abides by no-fault rules for auto accident liability. As in other no-fault states, injuries must meet certain requirements for the injured person to sue the responsible driver. However, when you buy a New Jersey auto insurance policy, you can opt-in for the right to file a legal claim rather than going through insurance regardless of the extent of injuries.
Review the facts about how auto insurance works if you have a crash in the Garden State.
New Jersey drivers who purchase the state’s basic policy have personal injury protection insurance. This PIP policy covers the cost of injuries for you and your passengers after an accident regardless of fault. You must go through your insurer for this claim, which does not cover non-economic losses such as pain and suffering.
Drivers who have a basic policy can sue a negligent driver who caused an accident only in cases involving permanent injury, loss of a pregnancy, displaced fracture, scarring, disfigurement or loss of a body part. These lawsuits can seek damages for pain and suffering along with other emotional, noneconomic losses.
Drivers who choose the standard policy can select either a limited or unlimited right to sue. While limited right to sue allows you to file a legal claim for injuries that exceed your policy limits, it does not allow you to sue for pain and suffering. To recoup non-economic damages, you must purchase the more costly unlimited right to sue.
Weighing your options after an auto accident in New Jersey can help you receive compensation for serious injuries.