How NJ’s No-Fault Insurance Law Affects Car Crash Victims’ Rights
Determined Paramus attorneys overcome hurdles to your maximum recovery
The law is simple until it’s not. That’s certainly the case with New Jersey’s no-fault insurance law, passed decades ago to reduce expensive auto accident litigation and encourage quick settlements. But while the law often works efficiently for minor accidents and poses no problems in severe injury cases, it can complicate accidents involving “gray area” injuries. Moreover, the idea that negotiating a fair settlement with your own insurance company would be easier has not proven to be true. At Razi & Giampa Law in Paramus, our personal injury attorneys are well-versed in the complexities of NJ’s no-fault insurance law. We are ready to assert your rights, whether it’s against your own carrier or an at-fault driver’s insurer. With our capable attorneys advocating your case, NJ’s at-fault insurance law is no impediment to obtaining the compensation you deserve.
Filing claims with your own auto insurance company
NJ’s no-fault insurance law requires all motorists to purchase personal injury protection coverage. When you sustain an injury, you must file a claim under your PIP coverage before taking any action against a driver who caused the accident. PIP coverage ranges from the statutory minimum of $15,000 per person per accident, all the way up to $250,000.
Many policyholders are surprised by the cold reception their claim receives from the company they’ve been paying, sometimes for decades, without incident. They are no longer dealing with the friendly salesperson, but with an adjuster whose job is to limit payouts as much as possible, even to the company’s own customers. The result is often the same delay tactics that insurers use against third-party claimants. Our auto accident attorneys negotiate firmly with insurers to obtain full compensation under the terms of the policy.
How no-fault insurance affects your right to sue
After you exhaust your PIP coverage, you might still have unpaid medical bills, income losses, and uncompensated pain and suffering. Negotiations with an at-fault driver’s insurance company might falter, especially if there is doubt about your right to sue.
That’s because no-fault insurance has a two-tiered system that affects your right to take a case to court. At the time you buy your auto insurance, you can opt for “limited right to sue” coverage, which is less expensive, or the more expensive “unlimited right to sue” insurance. Unlimited coverage allows you to sue for any injury. But if you bought the limited policy, you must prove you have a “serious” injury, before your lawsuit can go forward.
The law defines a serious injury as one involving:
- Death
- Dismemberment
- Significant disfigurement or significant scarring
- Displaced fractures
- Loss of a fetus
- Permanent injury (other than scarring or disfigurement)
Many accidents involve gray area injuries, requiring you to litigate the issue successfully before you can sue. We pore over your medical records to ascertain the full extent of your injuries, and assemble the tangible facts necessary to establish your right to sue. Once that hurdle is passed, we can vigorously press your case for the full personal injury damages you deserve.
Contact Razi & Giampa Law, LLC in Paramus for your no-fault insurance claim
Razi & Giampa Law in Paramus provides highly professional and personalized legal services for victims of auto accidents in Bergen County and throughout New Jersey. To schedule a free consultation at our office, in your home, or at the hospital, call us today at 201-534-5011 or contact our firm online.
