How Much Can You Sue For Car Accident – A dozen states across the country have passed some no-fault car accident laws. Under a no-fault system, accident claimants typically turn to their insurance company to cover selected losses, including medical expenses and lost wages.
New Jersey is one of the few no-fault states that offers drivers an auto insurance coverage option. Drivers who choose a basic policy are usually limited to no-fault coverage after an accident. On the other hand, if you buy a standard car accident policy, your rights to file a claim are expanded.
How Much Can You Sue For Car Accident
If you have been injured in a New Jersey car accident, it is in your best interest to speak with an attorney as soon as possible. The auto accident attorneys at Maggiano, DiGirolamo & Lizzi can review your insurance coverage and advise you of your legal rights and options.
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Personal injury protection, or PIP, is the name of an insurance policy that provides no-fault benefits in the event of an accident. Drivers must carry PIP insurance regardless of whether they choose a basic or standard policy.
The minimum PIP coverage required by New Jersey law is $15,000 per person per accident. Drivers can choose a policy that includes medical coverage or medical care and other financial losses. PIP supplemental insurance and some additional coverages (such as bodily injury liability, collision, and comprehensive coverage) can also be purchased as part of the basic policy.
Your PIP insurance will pay for some or all of your medical bills and other damages after an accident. These benefits are available regardless of who was at fault for the accident.
No-fault laws are designed to lower the cost of auto insurance by keeping small claims out of court. Drivers who purchase no-fault insurance should benefit from fast resolution of their claim, timely payment (rather than waiting for the case to go to trial) and reduced pressure on the court system.
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On the other hand, no-fault laws limit the legal rights of drivers and passengers injured in car accidents. PIP insurance only covers a portion of the damages you may suffer and limits your ability to seek compensation through a personal injury claim.
Like many no-fault states, New Jersey law allows for limited circumstances in which a party or parties injured in an accident may file a claim against another driver for fault. New Jersey drivers with a primary auto policy can only file a civil claim if the accident caused:
In order to receive compensation in a civil lawsuit, it must be proven that (a) you sustained one of these serious injuries in the accident and (b) the other driver was at fault for the accident. An experienced attorney can gather evidence of the driver’s negligence and make a strong case for recovering damages beyond the losses covered by PIP insurance.
If you have standard car insurance, you may have additional legal options in the event of an accident. Standard policies give drivers a choice between a limited right to sue and an unlimited right to sue.
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Under the limited right to sue, covered drivers and family members can file a claim if they suffer one of the serious injuries recognized by law (see above). With an unlimited right to sue, motorists and their insureds can seek full compensation for their injuries, whether or not their injuries are considered serious and/or permanent.
If you retain the right to sue after a car accident, you can seek compensation from the at-fault driver beyond what your PIP insurance will cover. This includes all economic damages (including current and future medical expenses, lost wages and lost earning capacity), as well as non-economic damages such as pain and suffering.
The standard policy also includes Uninsured and Underinsured Motorist (UM/UIM) coverage. If you or a family member is injured in an accident with an uninsured or underinsured driver, your UM/UIM insurance will cover losses that the at-fault driver cannot afford. Obtaining UM/UIM insurance benefits depends on your ability to prove that the other driver was at fault in the accident.
The attorneys at Maggiano, DiGirolamo & Lizzi have over a century of experience representing clients in auto accident claims. We understand the complexities of New Jersey no-fault law and can help determine all of your compensation options.
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Our law firm is known for the results we achieve on behalf of our clients and the personal and personal attention we give to each case. Our firm’s award-winning attorneys are committed to understanding your unique needs and fighting for the damages you deserve.
For a FREE consultation, call Maggiano, DiGirolamo and Lizzy today at (201) 585-9111. Our auto accident attorneys are located in Fort Lee and serve clients throughout Bergen County and New Jersey. If you have been injured in a car accident, you may be wondering if you can sue the at-fault party and how much you will pay if you decide to sue. In general, the amount you receive from your car accident claim depends on several factors. You may be able to seek compensation for things like medical bills, lost wages, and pain and suffering. However, if you have serious injuries, you may receive more than those who suffer minor losses.
Although “suit” and “suit” are often used interchangeably, there is a difference between the two terms. A claim is a type of request by a victim to receive compensation. The victim can seek compensation from the guilty party without filing a lawsuit. This is usually done by filing a claim with the insurance company.
Many insurance claims are settled without filing a lawsuit or going to court. However, some accident victims have to go to court to get fair compensation for their injuries. If the insurance company is unwilling to pay a fair compensation, the victim may have to sue the insurance company or the at-fault party.
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An experienced car accident attorney can help you understand your legal options and determine whether you have the right to sue the person responsible for the accident. An attorney can also determine how much your claim is worth and what a fair settlement amount is.
Who is at fault in an accident depends on the circumstances of the accident and who caused the collision. If you can prove that the accident was caused by negligence, the at-fault party may be liable for damages.
All drivers must obey the rules of the road and operate their vehicle in a safe manner. If a driver fails to pay proper attention while driving and causes an accident, they may be liable for your injuries.
Florida’s no-fault law requires people injured in a car accident to file a claim with their insurance company. However, you may be able to claim compensation from the at-fault driver’s insurance if your policy does not cover all of your losses and you suffer a large loss. To learn more, consult with a Florida car accident attorney.
How Much Can Someone Sue For A Car Accident?
Florida requires all drivers to have a personal injury protection (PIP) policy, which will cover a portion of the costs regardless of who is at fault for the accident. First, you need to file a claim with your insurance company to cover the damages resulting from the accident. Depending on your situation, you may also be eligible for uninsured or underinsured motorist coverage or to file for compensation for injuries sustained in an accident.
FLA. STAT § 627.736 (2023) requires Florida drivers to purchase PIP insurance. According to Florida Highway Safety and Motor Vehicle (FLHSMV), PIP must cover 80% of necessary and reasonable medical expenses up to $10,000, regardless of who caused the accident. The FLHSMV also sets the following requirements for Florida registered vehicles:
If you violate Florida’s PIP insurance law, you risk having your driver’s license or registration suspended and paying a reinstatement fee.
The statute of limitations for any personal injury claim in Florida, including claims resulting from an auto accident, is four years from the date of the accident. This means that car accident victims must file for compensation before the four-year time limit expires. After this period, they lose the right to receive compensation for damages resulting from a car accident.
What Happens If You Get In An Accident Without Insurance?
Yes, Florida is comparative negligence. However, the law has recently changed to a revised standard of comparative negligence, rather than pure comparative negligence. In comparative negligence cases, accident victims can seek compensation even if they were partially at fault for the accident. However, the amount they receive is reduced by the percentage of sin they suffer.
Under the comparative negligence standard, victims can recover damages if they believe they were 50% or less at fault for the accident. If the injured person is responsible for more than 50% of the accident, he will not be able to sue and recover compensation.
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