Frequently Asked Questions About New Jersey Car Accidents
When you are injured in a serious motor vehicle crash, you may have many questions. An experienced New Jersey car accident lawyer can answer your questions and help you to get the full money damages from the party who caused the accident.
While hiring an attorney may be the best step you take, you may have some general questions. Below is a list of frequently asked questions and some general answers:
Q.1 Can I still file an accident claim, if I could be partially at fault for the accident?
Under New Jersey’s Comparative Negligence law, an individual’s fault for the accident cannot be more than the individual from whom damages are sought. Therefore, recovery of damages is permitted when each person in a 2 car accident is 50% at fault, but not if you are more at fault than the other person. The amount of damages paid to you is reduced by the percentage you are considered at fault.
In other words, if you were considered 50% at fault for the accident, and had $1,000 in damage to your car, you would be paid $500, or 50% by the other person’s insurance company. If in the same accident you were only considered 10% at fault, you would receive $900 from the other person’s insurance company. Also, be aware that your percentage of fault will also be considered when reimbursing you for other accident related costs, such as rental car charges.
Q.2 Should I talk with the other party’s insurance company?
It is not recommended for you to speak with the other driver’s insurance company until you have consulted your own Elizabeth car accident attorney. Even then, it is in your best interest to allow your attorney to communicate with the insurance adjuster.
Q.3 What is the statute of limitations for personal injury in New Jersey?
The New Jersey statute of limitations for personal injuries, including car accidents, is two years. This means you have two years from the date of the accident to file your claim, or forever be barred.
Q.4 What types of damages can I get from the liable party?
Depending on the specific facts of your case, you can seek compensation for:
- Past and future medical bills
- Loss of wages
- Loss of earning capacity
- Pain and suffering (also known as general damages)
- Disfigurement
- Loss of consortium
Q.5 How long does it take to settle a car accident case in NJ?
The amount of time it takes to settle your car accident claim really depends on the specific circumstances of your case. For example, if you have suffered serious injuries, it is best to wait until you realize the full extent of your injuries before you negotiate the value of your claim. The reason for this is that once you have settled your claim, you cannot go back and ask the liable party’s insurance carrier for more money.
Call a New Jersey Car Accident Attorney
If you or someone you know has been injured or wrongfully killed in a car accident caused by the reckless or negligent actions of another party, an experienced attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404 to schedule a free, complimentary consultation with our legal team today.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
