New Jersey Auto Collision Law : Protecting Your Rights

Why Auto Collision Cases in New Jersey Are Legally Complex

New Jersey’s auto collision cases involve multiple overlapping legal rules and insurance systems. Navigating these complexities requires understanding:

No-Fault Insurance System

New Jersey drivers must carry Personal Injury Protection (PIP) coverage to pay for medical expenses and certain other losses regardless of who caused the crash.

Modified Comparative Negligence

Under New Jersey’s system, you can recover compensation as long as you are not more than 50% at fault. Your award is reduced in proportion to your share of responsibility.

Liability in Multi-Vehicle Collisions

In chain-reaction crashes, liability can be shared among multiple drivers. New Jersey’s comparative negligence rule applies to each driver’s percentage of fault, barring recovery for anyone over 50% responsible.

Statute of Limitations

You generally have two years from the accident date to file a personal injury lawsuit; missing this deadline means losing your right to sue, with limited exceptions for minors, incapacitated persons, and government entities (90-day notice of claim).

Serious Injury Threshold

To step outside no-fault and sue for pain and suffering under a “limited right to sue” policy, your injuries must meet one of New Jersey’s serious injury criteria, such as permanent injury, significant disfigurement, displaced fractures, or loss of a fetus.

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