The aftermath of an auto accident can be overwhelming and frustrating. Dealing with insurance claims, legal action, and compensation, all while recovering, is often draining. While it may not be as highly prioritized as healing or recovering compensation for medical expenses, damage to your vehicle can be a significant worry after a crash. While New Jersey operates under a no-fault system, you may be able to sue for property damage after your accident. To learn more, continue reading and speak with a knowledgeable New Jersey auto accident lawyer today.
How Can I Recover Compensation for Vehicle Damage?
You have several options available to you when considering how you can recover compensation for damage to your vehicle. First, you could turn to your own insurance provider. Insurance companies offer collision coverage, an optional add-on to most policies.
Collision coverage helps cover the costs of physical damage to your car after being involved in a collision with another vehicle or object. It is a no-fault insurance, meaning that even if you were responsible for the crash, you can collect compensation.
You can also file a claim with the at-fault driver’s liability insurance. If the other driver caused the accident and damaged your car, file a property damage claim. The insurer should pay for the repairs or a replacement if needed, up to the policy limits.
Can You Sue for Property Damage After an Accident in NJ?
If you do not have collision coverage, the at-fault driver’s insurance denies your claim, your damages exceed the driver’s policy limits, or disputes arise regarding fault, you may feel at a loss. However, if any of these situations are true, you can sue for property damage.
If you can prove that the other driver was at fault and that their insurance coverage is insufficient or was denied, you can recover compensation for your damages. You can initiate legal action for your property damage for up to 6 years after the date of the incident. To do so, seek the help of a skilled auto accident attorney.
Your lawyer will be able to accurately evaluate the details of your situation to determine whether you have a valid claim and your case’s strengths and weaknesses. They will then help you gather and present evidence proving the other driver’s fault. If you are successful in establishing the defendant’s negligence and liability, you can be awarded compensation for your damages.
What is Comparative Negligence?
It is important to note that New Jersey operates under a system of modified comparative negligence. This means that more than one party could be assigned a portion of the blame in an accident.
You can still recover compensation, given that you are no more than 50% liable for the accident. However, the damages you are entitled to will be reduced by the percentage you are found at fault.
Auto accident laws can be complex, so it is important that you work with an experienced attorney for skilled legal advice during your case.
