Your Right to Sue After an NJ Car Accident

New Jersey is one of several states that has a “no-fault” car insurance system. According to this law, if you have been injured in a car accident, your own auto insurance coverage – specifically your personal protection (PIP) coverage – pays for your medical expenses and other out-of-pocket expenses – but not pain and suffering or any other non-economic damages – you or anyone mentioned in your policy incurred up to the coverage limits, no matter who is ultimately at fault for the collision. 

However, you may still be able to file a third-party insurance claim or personal injury lawsuit. Depending on what type of insurance you have, you may either have a “limited right to sue” or an “unlimited right to sue.” 

For example, if you have “basic” insurance coverage as low as $5,000 in property damage liability and $15,000 in PIP coverage (with or without $10,000 in bodily injury liability coverage), you have a limited right to sue if you suffer a permanent injury, a displaced fracture, significant disfigurement or scarring, the loss of a body part, or a wrongful death. Keep in mind, you can sue the at-fault driver, you can recover both economic and non-economic damages. 

On the other hand, if you have “standard” coverage – with limits as low as $15,000 per person and $30,000 per accident, and maximum limits of $250,000 per person and $500,000 per accident – you may choose between having the limited right to sue or the unlimited right to sue. The unlimited right to sue gives you the ability to file a lawsuit against the at-fault driver and recover both economic and non-economic damages, no matter the extent of the injuries you sustain in the crash. 

If you or a loved one has suffered a serious injury in a car accident in Woodbridge and interested in filing a lawsuit against the at-fault driver, contact Palmisano & Goodman, P.A. today at (732) 709-4400 for a free initial consultation. Get more than four decades of experience on your side! 

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