New Jersey is a “No-Fault” State When It Comes to Accidents

  • Dan T. Matrafajlo
  • Mon Aug 2023
  • Car Accidents,
  • 0
hit and run accident

When you are involved in a car accident, arguably the most important thing to determine is who caused the accident. Determining fault can be complicated when an accident happened at an intersection or there are three or more vehicles involved. If you have been injured in a motor vehicle crash, here is what you need to know about how fault for the collision may impact your legal rights and options under New Jersey law.

Determining Fault in New Jersey

Determining fault in a car accident may depend on various factors. If the police are called to the scene of the crash, the officer may include their opinion in their report as to who caused the accident. If the parties file a claim, the insurance adjusters may also come to their own conclusion of fault. Finally, if the case proceeds to litigation and trial, the judge and jury may be the final rulers as to who caused the crash.

Regardless of who is determining fault, there are different types of evidence that may be used to come to this conclusion:

  • The police report
  • Photos or videos of the scene of crash
  • Surveillance camera/traffic camera/dashcam footage
  • Eyewitness statements
  • Logs from vehicle electronic data recorders
  • Post-accident vehicle inspections
  • Expert accident reconstruction reports

New Jersey’s No Fault System

Most car accidents in New Jersey do not involve an issue pertaining to recovering compensation. This is because New Jersey is considered a “no-fault” state. This means that motorists and passengers who are injured in collisions must first look to their insurance coverage for compensation for their injuries. New Jersey law requires every insurance policy issued in the state to provide personal injury protection (PIP) coverage. PIP coverage provides reimbursement for medical expenses and lost wages.

Accident victims are only allowed to hold other parties liable for a car crash if they have either selected the “full tort” option when they purchased their car insurance policy or if their injuries are serious enough to meet the “verbal threshold.” Generally, injuries that meet this threshold include:

  • Scarring/disfigurement
  • Permanent disability
  • Permanent impairment of bodily function
  • Loss of body parts

To ensure your legal rights are protected after a car accident and you get the full monetary compensation you deserve, it is important that you immediately consult with and hire an experienced New Jersey car accident attorney to handle your injury claim.

Call a New Jersey Car Accident Attorney

If you or someone you know has suffered any type of injury in a car accident caused by the reckless or negligent actions of another party, an experienced New Jersey car accident injury 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.

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Dan T. Matrafajlo

Dan T. Matrafajlo

NJ State Bar: #031722003

Dan T. Matrafajlo, Esq., is the managing member and lead partner at Beninato and Matrafajlo, Attorneys at Law, LLC. Renowned for groundbreaking contributions to personal injury law, he has set legal precedents with influential Appellate decisions and garnered recognition in the New Jersey Law Journal. A consistent honoree on Super Lawyers' Rising Star list for the past five years, Matrafajlo's litigation prowess is widely acknowledged. He has won various awards like Super Lawyers, Thomson Reuters Association 2019, and Nominated into Super Lawyers as a Rising Star from 2012 until the Present.

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