Written/Reviewed By:
Barry S. Kantrowitz, Esq.
Last Updated: Nov 28, 2018
Read Time: 4 mins
Following any kind of vehicle collision where you’ve suffered injury or sustained major damage to your vehicle, you are probably wondering what types of compensation are available for your losses.
Whether the wreck happened in New York or New Jersey, recovery can be painful, expensive and time-consuming. The best approach to getting an accurate assessment on the potential value of your claim is to speak with a qualified car accident lawyer who understands No-Fault laws and vehicle insurance coverage for liability, personal injury protection (PIP), property damage and uninsured or underinsured motorists.
Regardless if you were the driver, a passenger in a car wreck, or a pedestrian injured in the accident, you have a legal right to be fairly compensated for your injuries and losses.
New York car insurance requirements
In New York, all vehicle owners must have these minimum insurance requirements:
- $25,000 per person for personal injury protection
- $50,000 per person for wrongful death
- $50,000 (no-fault insurance per accident)
- $10,000 for property damage
- $100,000 total per accident wrongful death protection
- $25,000 per person or $50,000 per incident for uninsured and underinsured motorists
However, if the accident causes injuries like bone fractures or others that result in temporary or permanent disability, you may be eligible to file a third-party claim against the at-fault driver within three years of the incident.
A personal injury lawsuit will demand monetary reparations that are intended to make the plaintiff whole again. The monetary award will be determined by the extent of harm and loss incurred, but will take into account the following types of compensation.
- Medical expenses and hospital bills
- Present and future loss of wages
- Emotional distress and related therapy expenses
- Pain and suffering
- Loss of enjoyment of life – activities that you can no longer perform
- Loss of consortium—the companionship of a spouse
- Loss of future earning capacity
New Jersey car accident compensation
The minimal requirement for New Jersey vehicle insurance includes $5,000 in property damage coverage and $15,000 in personal injury protection per individual, per accident. This PIP policy covers up to $250,000 for grave injuries like spinal cord trauma. The basic policy does not include coverage for medical bills although at-fault motorists may be held liable for the amount of medical expenses not covered by his or her own PIP policy.
Any New Jersey residents with basic vehicle insurance can only sue the responsible party if the crash resulted in serious injuries, such as disfigurement, loss of a body part, permanent injury, displaced bone fractures, loss of a fetus, or significant scarring. The lawsuit can seek additional compensation not covered by the policy to cover medical expenses, lost income and pain and suffering.
The statute of limitations for seeking car accident compensation in New Jersey is two years, and the clock starts ticking on the date of the accident.
Fighting for the compensation you deserve
Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. has the experience to fight for the compensation you deserve after a car accident. Leave the details, paperwork and insurance negotiations to us. For more than four decades, we have been providing results-focused representation to motor vehicle accident victims in Bergen County, NJ and Rockland County, New York.
To discuss your case with a skilled Rockland County & Bergen County car accident lawyer free of charge, contact us today.
Additional resources:
- NY Department of Financial Services, Article 51 of the New York Insurance Law aka “The No-Fault Law”, https://www.dfs.ny.gov/insurance/r68/r68_art51.htm
- NJ Department of Banking & Insurance, Everything You Wanted To Know About Auto Insurance, https://www.state.nj.us/dobi/division_consumers/pdf/everythingauto2006.pdf
