Knowing your rights and obligations can be vital for getting justice when you’re involved in a car accident in Jersey City. Read on to discover how much time you have to file a legal claim in New Jersey and learn about the laws that could impact your case.
New Jersey Statute of Limitations for Car Accident Cases
New Jersey’s statute of limitations dictates how long you have to file a personal injury lawsuit, including for car accident claims. Generally, you can file a lawsuit in Jersey City for up to two years after the date of your injury or accident. Adhering to this deadline is critical. Filing too late could mean losing your right to pursue compensation from the responsible party or their insurance company.
Certain exceptions could lengthen or shorten the deadline for filing a lawsuit. For instance, if the injured party is a minor or incapacitated, the clock may start ticking later. Crucially, claims against government entities require fast action in New Jersey. You’ll typically have to file a notice of claim within 90 days, or you could lose the right to sue the government.
New Jersey Laws for Car Drivers
Drivers in New Jersey benefit from knowing the laws that may affect them, including the following.
- Comparative negligence. New Jersey’s comparative negligence law allows you to recover damages even if you are up to 50% responsible for the crash.
- No-fault insurance. New Jersey is a no-fault state, meaning your personal injury protection (PIP) insurance should cover your damages up to a certain amount regardless of fault. However, you could still sue the responsible party and pursue additional compensation if your injuries are severe and you have high medical costs and damages.
- Dram shop laws. According to the New Jersey Dram Shop Statute, a bar or restaurant could be liable for an accident involving alcohol. For example, if a restaurant continued serving a visibly intoxicated person alcohol who then caused your crash, you could seek damages from the establishment.
Identifying Fault for Car Accidents in New Jersey
Identifying fault in New Jersey car accidents is essential as it affects your insurance claim or lawsuit settlement. Determining fault for a crash can be complex and involves gathering evidence, such as police reports, traffic surveillance camera footage, witness statements and other material. In some cases, expert opinions may be required to prove fault.
New Jersey follows the modified comparative negligence law, meaning you can recover damages provided you are less than 51% responsible for the collision. However, your compensation will be reduced by your degree of fault. For example, suppose you have $100,000 in total damages. If a Jersey City court finds you 30% at fault for the accident, you may only recover $70,000.