Bordentown Car Accident Lawyers
Bordentown sits at the northern tip of Burlington County and offers residents and visitors a small town feel along with numerous restaurants and other popular spots. Route 130 takes travelers through the town many of whom are heading north to a local shopping center in neighboring Hamilton or heading to South Jersey.
The combination of highway and local streets can be a dangerous combination and the two intersect with each other on multiple occasions which can lead to an accident. If you sustain an injury in a car accident it could have life-changing consequences on your personal and professional life.
You need the comfort to know that if you were to find yourself in such a situation that you will receive the compensation that you and your family need to get through the situation without falling into significant financial hardship. Speaking with a Bordentown car accident lawyer can help you achieve that goal.
What Should I Do If I Am Involved in a Car Accident?
The first thing to do if you have been in a car accident is not to panic. There are several steps that you can and should take that will be for the betterment of your overall health and the viability of your case moving forward. Those steps include:
- Seek medical attention: Whether you believe that you have been injured or not, you should have yourself examined by a doctor. Not all injuries are obvious and failing to get them diagnosed soon after your accident could impact your ability to collect compensation for medical bills. At the scene you should call for an ambulance if anyone else need immediate attention.
- Call the police: A police officer can come and assess the situation and determine if there is any fault associated with the accident. Be sure to cooperate with the police officer but hold back on accepting any responsibility for any role you might have played in the accident as that would be included in the report. Be sure to get a copy of the report from the officer.
- Collect evidence: If you are physically able, collect evidence at the scene including taking pictures. Focus on any conditions that led to the accident, the accident itself as well as any damage to all effected vehicles and injuries you and others involved sustained.
- Speak to witnesses: Talk with anyone who might have seen the accident. Obtain their contact information so that you or your lawyer can contact them later.
- Exchange information with other drivers: Talk with other drivers involved in the accident and share all relevant information including contact details, insurance information, driver’s license number and any other details. Do not discuss the accident nor should you apologize or take any form of responsibility for it. While the notion may seem like a nice gesture at the time, it could hurt your case in the future.
If you have missed any of these steps or think you might have revealed too much, a Bordentown car accident lawyer can help mitigate any problems that could arise from that.
How Can I Claim Damages in New Jersey?
Unlike states where you must file a claim against another driver, New Jersey is a no-fault state, meaning that you can file a claim on your own insurance through your personal injury protection (PIP) provision and collect compensation for your economic expenses regardless of your level of responsibility in an accident. The system was implemented to reduce insurance costs and minimize the number of lawsuits filed in the state.
While you can collect from your insurance without having to prove any liability, there are limits on what you can collect. In addition, most insurances prohibit you from filing a claim against another driver unless certain conditions are met, and they have to do with the severity of the injuries you or the accident victim sustained in a car accident.
Using your PIP, you can claim the following:
- Medical expenses: Any treatment you require from your injuries can be compensated for by your PIP insurance. That will include everything from doctor visits to surgery. It will even cover long-term medical expenses such as rehabilitation sessions or medications and tests.
- Lost wages: You might be too injured to go to work or you might have to take time of to visit the doctor. These could be unexcused absences meaning that you will not be paid for them. You can seek the compensation you would have been paid through your PIP.
- Car damages: Assuming your car can be repaired you can always seek compensation to pay for the work that is required to repair your car. This also includes fulfilling any payments to pay off the car if it is classified as a total loss.
- Other expenses associated with your car: While your car is being repaired, you will obviously not have use of it. In those instances, you may have to rent a car or take public transportation to get around for necessary trips. Be sure to keep the receipts for those expenses because your insurance should cover those as well.
As stated, when filing for this on your insurance, you will not need to prove that someone else was liable for an accident, simply that there was an accident. The process of filing a claim an receiving a check should not take exceptionally long. If you believe that your insurance company is unnecessarily delaying the process, speak with a Bordentown car accident lawyer who will speak to your insurance on your behalf.
Can I File a Claim in New Jersey?
There are ways that you can file a claim in New Jersey, and it will depend on the type of insurance that you own or the severity of the injuries that you or a loved one sustained in a car accident. Your legal options will depend upon the type of insurance you purchase.
All drivers in New Jersey are required to purchase car insurance. They have two options to choose. The first is a basic policy, which is the one more drivers purchase. It is the cheaper of the two options.
It is also the more restrictive, as it limits your ability to file a claim against another driver. Most do not even realize this restriction until it is too late. You cannot change your insurance after you had an accident and expect to be able to file a claim after the fact. This is a decision you will have to make ahead of time.
Your second option is a standard policy. This one is far less restrictive as it allows you to choose an unlimited right to sue option. This means that regardless of the severity of your accident, you maintain a right to file a claim against another driver. Given the greater flexibility of this option, it is also more expensive with higher premiums, which is why most drivers do not normally purchase this version.
If you purchase a basic policy, you are not completely shut out from filing a claim against another driver. If you have suffered a catastrophic injury, then your PIP will fail to adequately cover your specific need. Specifically, the state says you or your family has a right to file a claim if the victim has experienced:
- A permanent injury
- Considerable disfigurement
- Displaced fractures
- Loss of a fetus
- Major scarring
Regardless of the reason for your ability to file a claim, you will be able to seek the same compensation as you would through your PIP although no caps. You will also be able to seek compensation for non-economic expenses such as pain and suffering and loss of companionship. Those who lost a loved one in a car accident will be able to claim death benefits as well.
What Do I Need to Know About Filing a Claim in New Jersey?
You might not receive the full compensation that you are expecting when you file a claim if you are partially responsible for your accident. New Jersey follows a comparative negligence rule meaning that all those involved in a car accident are assessed a certain percentage of responsibility and they must contribute that percentage of the overall award.
If a person is found to be more than 50 percent responsible for an accident, they are ineligible to collect on any of the compensation. It means that you might not receive as much as you originally expected, or you may have to contribute a portion yourself.
Finally, the state has a two-year statute of limitations on filing a case which starts from the day of your accident. If you fail to file in that time, you will not be able to have your case heard meaning you will not be compensated for your injuries. It is important than to have a Bordentown car accident lawyer representing you as soon as possible who can keep track of that date to ensure that you do not miss it.
Bordentown Car Accident Lawyers at the Law Office of David S. Rochman Fights for Your Rights After You Were Hurt in a Car Accident
If you were involved in a car crash, and are debating what your best legal options are, let our Bordentown car accident lawyers at the Law Office of David S. Rochman help you decide. Call 856-751-2345 or contact us online to schedule a free consultation. With offices in Mount Laurel, New Jersey, we serve clients throughout Burlington County and the surrounding areas.