Should I File an Insurance Claim or Sue a Driver?

After getting involved in a devastating car accident, you may know for certain that you require monetary compensation for incurred damages. But you may be uncertain about where to seek this relief, from your personal auto insurance policy or the at-fault driver themself. Well, with either option, the sooner you take action, the better chances your case has. So if you are stuck with this predicament, please continue reading to learn whether you should file an insurance claim or sue a driver and how an experienced Passaic County car accident lawyer at the Law Offices of August R. Soltis can help you establish fault before taking it any further.

After my car accident, should I file an insurance claim or sue a driver?

First of all, you must be aware of the fact that New Jersey is a no-fault state. This means that every licensed New Jersey driver is legally obligated to carry what is known as Personal Injury Protection (PIP) coverage. Then, they may use this coverage in the event of an auto accident, regardless of which party was determined to be majorly or entirely at fault.

Of note, PIP typically compensates for the cost of hospital visits and medical care services, rehabilitation and therapy sessions, essential services (i.e., domestic services), and even a portion of lost income. On average, New Jersey drivers carry anywhere between $15,000 and $250,000 in PIP coverage.

But if your incurred damages exceed this amount, this is when you may pursue legal action against the at-fault driver(s). What’s more, PIP does not offer monetary compensation for non-economic damages like pain and suffering, permanent disability or disfigurement, or emotional trauma. If you suffer from these things greatly, it is all the more reason to sue.

How does NJ’s modified comparative negligence affect my lawsuit?

Even if you believe another involved driver contributed to your accident, you must confirm that they were primarily or entirely to blame if you wish to pursue a personal injury claim against them. This is to keep in mind New Jersey’s modified comparative negligence statute. This system makes it so that the plaintiff, you, must be found less than 50 percent at fault for your accident.

Otherwise, you may be barred from suing the other driver and subsequently seeking recovery for incurred damages. And so, while still at the scene, you must collect evidence that essentially takes the accountability away from you. This is also best practice if you wish to file an insurance claim with the at-fault driver’s provider first.

If you are still hesitant about taking the monumental step of taking legal action, consult with a skilled Passaic County auto accident lawyer from the Law Offices of August R. Soltis to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.