Does a No-Fault State Limit My Right to Sue?

You may undoubtedly believe that the other driver(s) involved in your auto accident clearly acted negligently. In response, you may want to hold them accountable for your incurred economic and non-economic damages in a personal injury claim. However, as a licensed New Jersey driver who is legally obligated to carry no-fault auto insurance, you may wonder if this cancels out your opportunity at legal action. Well, please follow along to find out whether it matters if your accident took place in a no-fault state and how one of the proficient Monmouth County car accident attorneys at Wilton Law Firm can help you explore your options to potentially sue.

What does it mean that New Jersey is a “no-fault” state?

Of note, New Jersey is one of the few no-fault insurance states. This means that if you get into an auto accident here, you are responsible for paying your own medical expenses, and the same goes for the other involved driver(s). And so, this is regardless of who is determined to be majorly or entirely at fault for the accident event.

You may be capable of covering our own medical expenses, lost wages, and other essential services with your Personal Injury Protection (PIP). After all, you are required to have this coverage. This system is put in place to reduce the number of small claims the courts have to handle, along with expediting your ability to make necessary medical payments.

Does my accident in a no-fault state limit my right to sue?

Just because New Jersey is a “no-fault” state does not necessarily translate into it being a “no lawsuit” state. That is, you may pursue a third-party legal claim to recover monetary compensation for the things that PIP does not cover, such as property damage (i.e., vehicle repairs and its diminished value) and non-economic damages (i.e., pain and suffering).

Now, your ability to sue for pain and suffering may depend on the policy option you have opted for. With the cheaper option, limited right to sue, you may only have a case if you now suffer from one or six serious injuries. Namely, these are death, dismemberment, significant disfigurement or scarring, displaced fractures, permanent injury, or loss of fetus.

No threshold may be imposed for the more expensive insurance option, the unlimited right to sue. Meaning, you may seek recovery for any time of pain and suffering (i.e., physical pain, anxiety, depression, etc.), and even minor injuries that did not require essential medical services. Of course, this is so long as you can prove the other driver’s negligence as fact.

If you are still hesitant about taking the monumental step of taking legal action, consult with one of the talented Monmouth County auto accident attorneys from Wilton Law Firm to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.