New Jersey is a no-fault state, meaning that each driver and all injured passengers are first required to seek compensation from their insurance company, regardless of who is at fault for the accident . Proof of fault is not necessary to qualify for no-fault insurance benefits. Per law, every driver is required to carry at least minimum coverage in three types of insurance, as follows:

• Personal injury protection (PIP): PIP insurance covers any medical expenses for injuries sustained in a car accident, regardless of who is at fault for the collision.
• Liability: When you are at fault for a car accident, liability insurance covers any damages others suffer due to the accident.
• Uninsured motorist: If you are involved or injured in a car accident caused by an uninsured driver, uninsured motorist coverage protects you financially from injuries and losses.

All New Jersey drivers must carry at least the minimum required liability and PIP insurance coverage of $15,000 per person or accident. However, you can carry higher coverage up to $250,000.

In addition to the policyholder, PIP coverage extends to the following individuals if they do not have their coverage:

• Family and household members of the policyholder.
• Driver of the policyholder’s vehicle.
• Passengers in the policyholder’s vehicle.

In New Jersey, PIP insurance coverage is limited to medical expenses related to the injuries you sustained in the accident, such as:

• Lost wages
• Death benefits
• Medical expenses
• Medication
• Rehabilitation expenses

If you are not at fault in the accident and your related medical expenses exceed your PIP coverage limit, the law allows you to sue the at-fault driver for additional compensation. However, under New Jersey’s comparative negligence rule, each driver is assigned a percentage of fault in the accident. If you have less than 50 percent responsibility, you are eligible to seek compensation from the other driver, though your percentage of fault will reduce the total compensation available.

Each accident presents its unique circumstances. To better understand New Jersey’s no-fault laws, consult an experienced car accident lawyer who can review your case and advise you of your legal options.

Though each driver bears some responsibility for the accident, collecting evidence to support your claim when another driver is clearly at fault for the accident and your injuries are beneficial. If you are physically able to after an accident, you should do the following:

• Report the accident and injuries to the police.
• Photograph the scene, including vehicle damage, injuries, and anything else that may have contributed to the accident.
• Gather contact information and statements from any witnesses.
• Minimize conversation with others, as what you say can be used against you later.
• Seek medical evaluation, even if you believe your injuries are minor. A doctor’s report is required for a claim, but more importantly, symptoms of certain serious injuries do not appear immediately but can be life-threatening if untreated.
• Consult a knowledgeable and experienced car accident lawyer with a successful track record negotiating with insurance companies and securing maximum client compensation.

You should consult a lawyer if you have been injured due to another driver’s negligent actions. A Mount Holly car accident lawyer at the Law Office of David S. Rochman can help you seek justice. Call 856-751-2345 or complete our online form to schedule a free consultation. Located in Mount Laurel, New Jersey, we serve clients in Burlington County and surrounding areas.

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