New Jersey Complaint regarding Auto Accident for Negligence - Guest Passenger against Both Drivers
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How to fill out Complaint Regarding Auto Accident For Negligence - Guest Passenger Against Both Drivers?
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FAQ
New Jersey has complex insurance laws, some of which limit your ability to sue when you're involved in a car accident. The State has a ?tort threshold? that limits the type of injuries for which you can sue, even if you're not at fault for the accident.
Under New Jersey's Comparative Negligence law, an individual's fault for the accident cannot be more than the individual from whom damages are sought. Therefore, recovery of damages is permitted when each person in a 2 car accident is 50% at fault, but not if you are more at fault than the other person.
So, in short, in a no-fault state like New Jersey, each driver involved in a crash would pay for their own medical bills, lost wages, and other accident-related bills regardless who is at fault by making a claim against their PIP. However, the at-fault motorist must still pay for the other party's vehicle repairs.
How Long Does a Car Accident Settlement Take in New Jersey? Most average personal injury car accident cases in New Jersey can take anywhere from six months to two years to resolve. The duration of your case will vary depending on its specifics, including whether it goes to trial.
No Limitations to Pain and Suffering Damages For those who wish to seek compensation for any physical or mental pain or suffering, New Jersey ? unlike many other states ? does not impose a cap on the maximum amount of money that can be awarded.
You do not have to report a minor car accident in New Jersey if no one was injured and there was minimal property damage. Section 4-130 of New Jersey Statutes Title 39 specifies that you must file a police report following a car accident if either of the following is true: Anyone involved in the accident was injured.
New Jersey is a no-fault state. This means that after a collision, you will file an initial accident claim to seek recovery for damages to your vehicle and any medical expenses from your own auto insurance carrier, no matter who was at fault in the accident.
Car insurance generally follows the car instead of the driver, so the car owner's insurance will cover the crash, even if someone else is driving. On the other hand, if your car is taken without permission or the driver is not licensed, the driver is responsible.