If you were rear-ended and injured in New Jersey, it's important to know your legal options.
Rear-end accidents are the most common type of car accident. Each year, an estimated 1.75 million drivers nationwide are involved in a rear-end collision, according to the Insurance Information Institute (III). That's nearly 30 percent of all motor vehicle accidents.
In many cases, drivers hit from behind sustain serious injuries, including whiplash, spinal cord injuries, and other painful back injuries. In such cases, injury victims are often entitled to receive compensation for their accident-related expenses. But how does the process work in New Jersey? How much money can injury victims receive? And who's responsible for paying them?
Our experienced New Jersey rear-end accident attorneys at The Leigh Law Firm, PC in Milburn can help you every step of the way. When you have our legal team on your side, you can make sure your rear-end accident claim gets the attention it rightfully deserves.
How much is my rear-end accident worth?
According to the New Jersey Department of Banking and Insurance, the value of your accident claim should be equal to the total amount of your damages, the legal term for financial compensation for financial losses that occur due to someone else's negligence. In short, this means you should be compensated for all your financial losses due to your rear-end collision, including future anticipated expenses.
This might sound straightforward. But there's often a lot of disagreement about how much money those expenses add up to for individual rear-end accident claims. Some insurance companies only take short-term expenses into account and leave out thousands of dollars worth of other expenses.
What factors affect compensation?
The value of your New Jersey rear-end car accident claim often depends on many different factors, including:
- Severity of your injuries.
- Total cost of your medical care, including ambulance fees, hospital bills, and the cost of diagnostic medical tests to determine what type of injury you sustained in your crash.
- Anticipated future medical expenses, especially if you suffer from chronic pain due to your injuries and require follow-up medical care.
- Cost of repairing damage to your vehicle or buying a new one if your vehicle is a total loss.
- How much time off from work you need to recover from your injuries, which can result in significant lost wages.
- Replacement income if you cannot return to work or need to work in a reduced capacity in the future due to a permanent disability.
Who decides how much my rear-end accident is worth?
The value of a rear-end car accident claim is typically determined through negotiations between the parties involved. This often consists of the insurance companies for each driver, including your own insurance company.
But don't let them dictate such negotiations. In many cases, insurance companies are only focused on one thing – making money. And that often means paying injury victims like yourself less than what you should receive for your accident-related expenses.
This is why it's critical that you're part of these conversations. And one of the best ways to do that is by having an experienced New Jersey car accident lawyer representing you at the negotiating table or in the courtroom. That way, your voice can be heard loud and clear.
Who's responsible for paying for my accident?
New Jersey has what's known as a no-fault car insurance system. Unfortunately, this often means that car accident injury victims need to first seek compensation for their accident from their own insurance company, regardless of who was at fault.
However, New Jersey is different from other no-fault car insurance states. In New Jersey, drivers can choose to opt out of no-fault liability insurance. As a result, New Jersey drivers who choose to do so can file a lawsuit against the at-fault driver seeking damages.
But even if you have no-fault car insurance, you still might be able to pursue financial compensation from the other driver's insurance company. This is especially true if your rear-end accident claim exceeds your insurance policy limits, which is common.
Who determines fault?
You might be surprised to find out that the insurance companies responsible for paying you for your accident-related expenses also often have the most to say about who was at fault in your rear-end accident.
Not surprisingly, insurance companies often do everything they can to pin the blame on someone other than their policyholder. So even if you were not at fault, don't be surprised if the insurance company for the at-fault driver tries to blame you for causing the collision. That way, they might be able to avoid having to pay you for your accident-related expenses.
How can a New Jersey rear-end accident attorney help?
If you've been involved in a rear-end car accident in New Jersey, an attorney can help you understand your rights and guide you through the compensation process. They can also conduct an in-depth independent investigation in search of evidence supporting your claim. But most importantly, your lawyer can demand the money you deserve, whether it's at the negotiating table or in a courtroom.
Our New Jersey rear-end accident lawyers at The Leigh Law Firm, PC have the knowledge and the skills you need to succeed. Learn more about how we can help you. Contact us and schedule a free consultation. We're conveniently located in Millburn, New Jersey, and we handle legal cases throughout the state. Best of all, you pay no fees unless we win your case. That's because we work on a contingency fee basis.