Can I Sue for Damage to My Vehicle?

Even though getting involved in a car accident is an unlucky situation, you may feel lucky in that you were able to walk away with not even a scratch on your body. However, you may be unable to say the same for your car. With this contrast between bodily injuries and property damages, you may wonder whether legal action against a negligent driver is still suitable. Well, please continue reading to learn whether you can sue for vehicle damage without having incurred personal injuries and how an experienced Passaic County car accident lawyer at the Law Offices of August R. Soltis can help you execute a valid legal claim.

How does New Jersey’s no-fault system work?

First of all, New Jersey operates under a no-fault system when it comes to car accidents. This means that each driver is expected to carry Personal Injury Protection (PIP) coverage as part of their auto insurance policy. This is meant to cover your medical expenses, lost income, and other costs related to your incurred bodily injuries. And this coverage is taken from your own insurance, regardless of whether you contributed any fault to the accident event.

However, your property damage may have to be handled separately, as it is not covered under the state’s no-fault system. But in New Jersey, the minimum auto insurance coverage for property damage is generally $5,000. With this, the at-fault driver’s insurance may offer this compensation, rather than your own.

Can I sue for damage to my vehicle even if I wasn’t injured?

Even if you successfully acquire $5,000 from the at-fault driver’s insurance company, this may not be enough money to cover the full extent of your vehicle’s damages. In this case, you may attempt to pursue a property damage claim to recover the rest of the compensation you need.

In your claim, you may disclose the cost of repairing your vehicle’s damage. Or, the cost of replacing it if it is totaled. This may be in addition to claiming a loss of use if you needed to pay for a rental while your vehicle was getting fixed. Or, even the diminished value of your vehicle, if it now has a lessened resale value thanks to its accident history.

Just like you would in a personal injury claim, you will need to establish the other driver’s negligence in your property damage claim. Thanks to New Jersey’s comparative negligence law, your payout may be reduced by the percentage of fault assigned to you. So, if the court finds you 40 percent to blame for the accident, you may only recover 60 percent of your property damages.

To ensure your legal argument is well fleshed out, please seek the aid of a skilled Passaic County auto accident lawyer. You may rest better knowing that the team at the Law Offices of August R. Soltis will not let you enter this legal battle without being properly prepared. So please pick up the phone and request our services today.