After a car accident, you should focus on recovering. That process might include collecting damages from your insurance company or filing a lawsuit to fully compensate for your injuries. If you don’t have valid insurance at the time of a car accident in New Jersey, receiving those damages becomes complicated.
If you get in a car accident in New Jersey and are uninsured, you might be able to sue if your injuries are severe. However, the damages you receive might be decreased because you failed to carry car insurance. Furthermore, it’s New Jersey law that all drivers have valid motor vehicle liability insurance. If you do not have car insurance and the police are called to an accident site, you could face criminal charges. It’s always important to seek medical care after a car accident. Having car insurance is more important in New Jersey as it is a partial no-fault insurance state.
The New Jersey car accident attorneys aim to get the compensation you deserve. Our team can help you receive damages, despite not having insurance. For a free consultation, call the New Jersey car accident attorneys at Legal Care today at (732) 838-9769.
What Are NJ’s Car Insurance Requirements?
New Jersey, is one of the several states that operate within a no-fault insurance system. That means that the main insurance coverage New Jersey drivers are required to have protects themselves and covers their injuries in the event of a car accident. That being said, New Jersey drivers are also required to carry liability insurance in the event that they cause injuries to another party in a car accident.
Personal Injury Protection Coverage
Personal injury protection (PIP) insurance coverage is mandatory in New Jersey. This coverage protects you if you’re injured by a negligent driver as a pedestrian, bicyclist, driver, or passenger. PIP can protect members of your family, too, and is crucial insurance coverage for any New Jersey driver.
The minimum amount of PIP coverage that New Jersey drivers need is $15,000 per accident. That being said, drivers can choose to purchase more thorough plans to cover the cost of their injuries after a collision. Remember, PIP is mandatory insurance in New Jersey and it’s important that you have it in case of a damaging car accident.
Liability Coverage
In New Jersey, all drivers must carry liability insurance for their cars. Although New Jersey is indeed a no-fault state, if a negligent driver has liability insurance you may be able to forgo filing a lawsuit, if the coverage is enough to compensate you for your injuries. The minimum coverage requirements for liability insurance in New Jersey is $15,000 for bodily injury per person, $30,000 for bodily injury per accident, and $5,000 for property damage per accident.
Generally, New Jersey car accident victims can file a claim with a negligent driver’s liability insurance for compensatory damages after a collision. That being said, if a negligent driver only caries the minimum liability insurance in New Jersey, it may not be enough to cover the cost of your injuries.
Can I Still Sue if I Get in a Car Accident Without Insurance in NJ?
You might be able to sue if you got in a car accident without insurance in New Jersey. But you also might not. It depends on the specifics of your case. That’s because New Jersey is a partial no-fault insurance state.
In New Jersey, all parties involved in a car accident must file a claim with their insurance provider, according to N.J.S.A § 39:6a-4. The state’s no-fault laws allow drivers to purchase personal injury protection insurance. This insurance compensates victims for their injuries after a car accident, regardless of who is at fault. Such laws help prevent the need for lawsuits after an accident. In tandem with New Jersey’s no-fault laws is the “No Pay, No Play” law. According to N.J.S.A § 39:6a-4.5, failure to purchase PIP coverage can prohibit drivers from collecting damages after a car accident.
In fault states, the party at fault for a car accident would compensate an injured victim. However, no-fault laws eliminate that need. So, everyone involved in a car accident must have insurance to receive adequate compensation.
New Jersey’s no-fault laws limit car accident lawsuits. While you can still attempt to file a lawsuit after a car accident, damages will be limited if you do not carry car insurance. In most “No Pay, No Play States,” you will be compensated for economic damages, but not for non-economic damages like pain and suffering. However, in New Jersey, you will likely not be able to receive compensation for your injuries through a lawsuit whatsoever. Failure to carry car insurance in New Jersey is a crime, so the compensation you can receive from a lawsuit will reflect that infraction.
In such a situation, it’s important to seek the guidance of experienced lawyers. The New Jersey personal injury attorneys at Legal Care can help you navigate a lawsuit when you don’t have car insurance. A skilled attorney can also help you explore other paths to compensation that you may not have previously considered.
What Damages Can I Recover After an Accident if I Don’t Have Car Insurance in NJ?
Suppose you don’t have the necessary personal injury protection insurance and are injured in a car accident in New Jersey. In that case, you will likely be barred from recovering compensation in a lawsuit against a negligent party. That being said, our Newark car accident attorneys can help you file a claim against a negligent driver’s liability insurance so that you can begin to heal from your injuries.
The law in New Jersey is very clear: injured car accident victims generally cannot sue a negligent party if they are uninsured. However, that does not always mean victims can’t file a claim against a negligent driver’s liability insurance for compensation.
Generally, New Jersey insurance companies will only compensate victims for economic damages after a car accident and not non-economic damages. This means you’re likely only to receive compensation for your medical expenses and lost wages if you file a successful claim against a negligent driver’s liability insurance.
The likelihood of recovering non-economic damages decreases when a victim is uninsured. Insurance companies are always searching for a reason to reduce your potential settlement amount, and the fact you’re uninsured can embolden them. That’s why it’s important for victims to hire a Jersey City car accident attorney. Having the guidance of an experienced lawyer who can navigate challenging negotiations with a negligent driver’s liability insurance is crucial so that you’re able to recover adequate damages after a car accident in New Jersey.
What Happens if I Have Medical Insurance and Not Car Insurance in New Jersey?
If you don’t have car insurance but you have medical insurance, you may be able to recover damages through that coverage. Our Paterson car accident attorneys can help you explore all available options so that you can recover the necessary damages you need after a devastating collision.
While you still can’t sue a negligent driver for compensation in New Jersey if you only have medical insurance, you may be able to recover damages that way. Many New Jersey residents choose to purchase medical insurance in case they sustain injuries that require expensive treatment, whether their injuries are related to a car accident or not.
This can be appealing to New Jersey car accident victims whose injuries are not properly covered by a negligent driver’s liability insurance or have no other path to recovering compensatory damages. Remember, if a negligent driver only carries the minimum liability insurance, it may not be enough to cover the cost of your injuries. It’s also important to note that injured victims are not guaranteed the full amount provided by a negligent driver’s liability insurance in a settlement.
If you’re uninsured and have been injured in a New Jersey car accident, you may be concerned that there is no way for you to recover damages. New Jersey is indeed strict towards uninsured victims after a car accident, often barring them from suing a negligent driver. However, it’s important to hire a New Jersey car accident attorney even if you think there’s no way for you to get compensation after a car accident. Our lawyers can help you understand any options you may have, including filing a claim with your medical insurance.
Can I Be Penalized if I Get in a Car Accident Without Insurance in NJ?
After a car accident, emergency services are usually notified. Calling the police to the scene of a car accident can ensure that all pertinent information is gathered. As the police collect information, they will require your insurance information. Failure to present valid car insurance can result in penalties and fines.
If you do not have car insurance at the time of a car accident in New Jersey, you can face additional legal problems. As outlined in N.J.S.A § 39:6b-1, all car owners must have up-to-date motor vehicle liability insurance coverage when operating their car.
According to N.J.S.A § 39:6b-2, failure to have adequate car insurance can result in severe consequences. Drivers can face fines and lose their license for up to two years. Drivers may also be sentenced to jail time or be required to complete community service.
Perhaps the most egregious penalty, in victims’ eyes, is the likely fact that they will be unable to hold a negligent driver accountable in a lawsuit. While it hardly feels fair that injured New Jersey victims can’t sue a responsible party for compensative damages based on the fact that victims are uninsured, that’s often the case. Failing to carry adequate insurance can leave you feeling at a loss when faced with a New Jersey car accident’s financial and emotional impact on your life.
Having car insurance in New Jersey is necessary. Not only can it cover your medical costs and lost wages after a car accident, but it can protect you from criminal charges. Driving without insurance is irresponsible and can prevent you from getting the compensation you need after an accident.
Why Should I Get Insurance in Case of a Car Accident in NJ?
Because of New Jersey’s no-fault laws, it can be beneficial for drivers to have PIP coverage. If you don’t, you might not be able to receive full compensation for your injuries after a car accident. If you have no valid motor vehicle liability insurance at the time of a car accident, you can face criminal charges.
Carrying car insurance is responsible and important. The Elizabeth, NJ car accident attorneys at Legal Care will have the best chance to get you compensation for your injuries if you had adequate insurance at the time of an accident. After a car accident, you should focus on recovering. The physical and mental damages from an accident can be overwhelming. As hospital bills and lost wages multiply, the financial burden becomes clear. Not receiving damages for injuries sustained during a car accident isn’t an option for many victims.
Failure to carry adequate insurance can make you ineligible for recovering non-economic damages, even if you are able to recover economic damages from a negligent driver’s liability insurance or your own medical insurance. While receiving compensation for expensive medical bills and lost wages is often the main goal, the emotional impact can be just as detrimental to New Jersey victims.
If you don’t currently have car insurance in New Jersey, purchase it. In case of a car accident, you must be adequately insured. Don’t prevent yourself from receiving compensation for your injuries by not carrying car insurance. Doing so can help our team of New Jersey car accident attorneys get you the damages you deserve for your injuries.
If You Were in a Car Accident Without Insurance in NJ, Our Attorneys Can Help
While it’s always best to be properly insured, you might have been involved in a car accident in New Jersey without valid insurance. For a free consultation, call the Lakewood personal injury attorneys at Legal Care today at (732) 838-9769.
