Who Pays for Damages in a New Jersey Car Accident?
Car crashes happen every day on New Jersey roads. A good car accident attorney can help you understand the damages you may be entitled to and your legal options for recovery. In a no-fault state like New Jersey, however, you may need to use your own auto insurance in addition to making a fault-based claim after an accident.
Handling an accident claim in a no-fault state can get complicated. It is best to hire an experienced New Jersey car accident attorney to help protect your legal rights and get you the maximum compensation you deserve for your injuries.
What Is a No-Fault State?
In a state with no-fault laws, all drivers are required to purchase personal injury protection (PIP), as part of their auto insurance policies. Motorists can sue for serious injuries and for pain and suffering only if the case meets certain criteria. These conditions, known as a threshold, pertain to the severity of the injury suffered.
So, in short, in a no-fault state like New Jersey, each driver involved in a crash would pay for their own medical bills, lost wages, and other accident-related bills regardless who is at fault by making a claim against their PIP. However, the at-fault motorist must still pay for the other party’s vehicle repairs.
PIP claims and applications can be complicated. It is best that you immediately hire an experienced New Jersey car accident attorney to:
- Help notify your insurer of your injuries
- Prove your eligibility
- Prove the extent of your losses
- Recover the full compensation available under the terms of your insurance policy
Other Damages Recoverable in a No-Fault State
If you have only opted for a basic insurance policy, you have the right to sue if the crash results in serious injuries such as:
- Dismemberment
- Significant disfigurement
- Serious scarring
- Displaced fractures
- Loss of a fetus
- Permanent injury
If you have suffered any of these more serious injuries, you may file a claim and/or lawsuit against the at fault party to recover damages for:
- Current and future medical bills and expenses
- Loss of wages
- Loss of earning capacity
- Personal property damage
- Pain and suffering
- Any other out of pocket expenses
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 driver, 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.
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.
