If you sustained vehicle damage after an auto accident, you may be able to sue for compensation. While New Jersey is a no-fault state, these laws only apply to injury-related expenses. Read on for more information and consult with a Monmouth County auto accident attorney today.
Can I Sue for Vehicle Damage After an Auto Accident in NJ?
Depending on the details of the situation, yes, you may be able to sue for vehicle damage after being involved in an auto accident in New Jersey. There are several ways that you can recover compensation for your property damage.
First, you may have opted into collision coverage, an optional add-on designed to reimburse you for property damage resulting from a collision with another vehicle or object, regardless of who is responsible for the accident. However, you may have chosen to forgo this coverage, or your expenses could exceed your policy’s limits.
You could also file a claim with the other driver’s insurance provider. Their liability insurance should cover your vehicle damage. Filing an actual lawsuit may become necessary if the insurer denies your claim, there are disputes regarding fault, or if your damages exceed the limits of the other driver’s liability policy. In these situations, you can sue the other driver.
How Can I Recover Compensation through a Lawsuit?
If you wish to recover compensation for your property damage through a lawsuit, you must be able to prove that the other driver is liable and that their actions directly caused the crash and your damages. This can be done by establishing negligence.
Negligence has four elements: duty of care, breach of duty, causation, and damages. As drivers on public roads, all drivers owe a duty of care to other road users. You must prove that the other party breached that duty of care by being negligent or reckless in some way. Gather evidence establishing that they ran a red light, were texting while driving, speeding dangerously, or broke some other law. Establishing their fault will help link their actions to your accident and damages.
What is the Statute of Limitations for Property Damage?
Understanding the time limitations surrounding legal action is crucial after having been involved in a car accident. In general, you have two years from the date of the accident to file a personal injury lawsuit after a car accident. Many people mistakenly assume that the regulations are the same for damage to their vehicle.
However, the statute of limitations for property damage in New Jersey is 6 years. Even if you file a claim or lawsuit for your injuries directly after the accident, you have 6 years from the date of the collision to initiate legal action for your vehicle damage.
Understanding your rights and responsibilities after an accident is crucial in ensuring you do not miss your chance for compensation. Work with a skilled attorney at The Wilton Law Firm for experienced representation in your case.