How Car Insurance Works After An Accident
A car accident will ruin your day. However, as soon as you recover from the shock and seek medical attention, you have to assess the situation. Therefore, it is good to know what to do after you’ve been in a car accident so that you are in the best possible position to be compensated. There are many ways you can proceed after a car accident and most likely an insurance company will be involved. In New Jersey, every driver is required to have some form of liability car insurance coverage which makes this process easier. This means if you get into an accident and it is your fault, then your insurance company should (theoretically) cover the costs for the victim. If you’re wondering whose insurance is going to pay after a car accident look at the following outcomes:
No Insurance Companies Are Involved
Technically, after an accident you can decide with the other driver to handle it privately without an insurance company (and pay out of pocket) However, under the Division of Motor Vehicle law, you are still required to report an accident that involves property damages exceeding $500. On the other hand, sometimes both driver’s insurance will pay for the repairs.
Filing a First Party Claim
After an accident, you may either file a claim with your own insurance company (first-party claim) or the insurer of the other driver (third party claim). In order to make a first-party claim, you must have collision coverage (which is not covered by NJ basic policy. Your insurance carrier will either pay for the costs of repair or in the case that the damages exceed the car’s worth you will be given the amount for your vehicle. Remember, If you caused the accident then your Personal Injury Protection (no fault insurance) will only cover the costs for bodily injuries and not damages to your car.
Filing A Third Party Claim
If you decide to file a third-party claim, the other driver’s insurance carrier will only pay for damages to your vehicle if they believe their driver was legally responsible. The victim must prove that the other person was at fault in the accident in order to get paid. Since the insurer will make their own determination of fault, if the victim does not have suitable evidence, the insurance company may deny the payments. The insurance company will take things like witness statements, police reports, and physical evidence into account. If you can prove the other driver is at fault, you may still have to wait before getting your vehicle repaired. Sometimes, there is additional damage that is not caused by the insured and therefore will not be paid for. Another option is filing a personal injury claim. If you can prove to the court that the other driver was at fault then you might be able to win back the expenses you paid after the accident.
Contact a Linwood Personal Injury Lawyer to Discuss Your Car Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to a car accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at the Law Offices of Richard A. Stoloff represent clients injured because of a car accident in Egg Harbor, Atlantic City, Galloway Township, Hamilton, and throughout New Jersey. Call (609) 601-2233 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 605 New Road, Linwood, NJ 08221, as well as an office in Philadelphia, PA.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.