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Understanding New Jersey Car Accident Laws

Dawn Pinnisi

December 5, 2024

You may be wondering: “When is it too late to get a lawyer for a car collision?” Well, handling the aftermath can be daunting, especially if you’re unfamiliar with New Jersey car accident laws. At Varcadipane & Pinnisi, P.C. we’re here to simplify these complex laws and help you comprehend when legal assistance is essential.

In this guide, we’ll cover some of the most important aspects of car accident laws, including when to report it, how fault is determined, insurance requirements, and filing deadlines. Knowing these details can help you make well-informed decisions if you’re ever in a car crash in Paramus or anywhere else in New Jersey.

Do I Have to Report an Accident?

Yes, drivers are required to report a car accident if there’s injury, death, or property damage exceeding $500. According to New Jersey law, you must stop and provide contact and insurance information to the other party involved. If the crash results in injury, death, or significant property damage, you must also report it to the local police immediately.

Failing to inform the event can lead to penalties, including fines, license suspension, and even jail time.

Is NJ a No-Fault State?

Yes, New Jersey operates under a no-fault insurance system. This means that, regardless of who is guilty in an incident, each driver’s own insurance is responsible for covering their medical expenses. This system is designed to simplify the claims process and guarantee that injured parties receive timely healthcare without waiting for a liability decision.

The state’s no-fault system requires drivers to have Personal Injury Protection (PIP) coverage, which pays for hospital expenses, lost wages, and other out-of-pocket costs. However, PIP does not cover property damage to your vehicle or the other party’s vehicle; that coverage depends on your insurance type and the incident circumstances.

Even though New Jersey is a no-fault state, you can still pursue a lawsuit against the at-fault driver in certain cases, such as when you’ve sustained severe injuries or your medical expenses exceed your PIP coverage limits.

How Does Negligence Work in New Jersey Car Accident Laws?

In New Jersey, liability in a car accident is determined by modified comparative negligence. This means that if you’re partially responsible for the event, you can still seek compensation as long as you’re not more than 50% at fault. Nonetheless, any compensation you receive will be reduced by your percentage of fault. For instance, if you’re 20% responsible and awarded $10,000, you’ll actually receive $8,000.

Understanding how negligence impacts your claim is fundamental, especially in cases where liability is contested. If the fault is unclear or disputed, seeking legal representation can be essential to protect your interests and maximize your potential compensation. This nuanced aspect of the state’s law often requires the insight of an experienced car accident attorney, especially if there’s any debate over who caused the collision.

Minimum Car Insurance Requirements

Under New Jersey car accident law, all drivers must maintain a minimum level of car insurance coverage, which includes:

  • $15,000 per person for bodily injury.
  • $30,000 per accident for bodily injury.
  • $5,000 for property damage per incident.

Additionally, the state offers a “basic” policy with lower limits for those seeking a more affordable option, but this coverage provides minimal protection and is generally not advisable. It’s worth investing in a “standard” policy to ensure you have adequate coverage in the event of a serious accident.

Failure to carry the required coverage can result in fines, license suspension, and potential legal liability if you’re involved in a crash. Always verify that your policy meets New Jersey’s minimum requirements to avoid these consequences.

How Long Do I Have to File a Lawsuit in New Jersey?

The statute of limitations for filing a personal injury claim after a collision is two years from the incident date. If you’re filing a claim for property damage, you have six years. Missing these deadlines typically means forfeiting your right to pursue compensation, so acting promptly is critical.

Waiting too long to contact a lawyer can also weaken your case, as evidence may be lost or witnesses may forget important details over time. If you’re unsure about your filing deadline or wondering whether it’s “too late” to get legal guidance, the safest option is to consult an attorney as soon as possible. This verifies that your legal rights are protected from the start and that you don’t lose out on potential compensation due to missed deadlines.

When is it Too Late to Get a Lawyer for a Car Accident?

While it’s usually not “too late” to consult a lawyer as long as your claim falls within the statute of limitations, beginning the process early provides significant advantages. Early action allows your attorney to collect vital evidence, interview witnesses, and construct a solid case. Even if you weren’t initially planning to seek legal help, consulting a lawyer can clarify your options and protect your interests.

At Varcadipane & Pinnisi, P.C. we believe every victim deserves a fair chance at compensation. If you’ve been in a collision in Paramus, NJ, and have questions about your rights, contact us today at (201) 588-1500 for a free consultation. Let us guide you through New Jersey’s car accident laws and make sure you’re well-informed each step of the way.

Dawn M. Pinnisi

Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.

University: J.D. Brooklyn Law School

Bar Number: 33771999

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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