Can I Recover Compensation for a Single-Vehicle Accident in New Jersey?
Posted on behalf of Lynch Law Firm on June 4, 2021 in Car Accidents News
If you were injured in a single-vehicle accident, you may be wondering how you might be able to recover compensation for your medical bills, lost wages and other damages if there is no liability insurance to file a third-party claim against.
Fortunately, our car accident lawyers in New Jersey are prepared to review your claim and see how we may be able to help you pursue the compensation you need through your own insurance or the insurance of a third party who may be liable for your damages.
We offer a free consultation to discuss your claim and there is no obligation to take legal action.
No-Fault Laws in New Jersey
New Jersey is one of 12 states in which you are legally required to file a claim through your own insurance before filing a claim against another driver, no matter who is at fault.
This means that if you were injured in a single-vehicle accident, you may be able to have some of your damages compensated by your own insurance company.
Filing a Claim Through Your Personal Injury Protection
No-fault insurance, better known as Personal Injury Protection (PIP), only covers economic damages, so you may not be able to recover compensation for things like pain and suffering.
PIP insurance covers medical bills, such as:
- Hospital stays
- Doctor’s visits
- Diagnostic services
- Physical therapy
- Ambulatory services
- Pain management services
PIP may cover income you lost while your injuries prevented you from working, along with the cost of essential services you cannot perform, like household chores. PIP also covers funeral and burial costs.
What if I Have MedPay Coverage?
This coverage is not required but it may come in handy after a single-vehicle accident. If you have questions about using MedPay, you should talk to an experienced lawyer.
Can I File a Claim Through My Uninsured/Underinsured Motorist Coverage?
Like MedPay, Uninsured/Underinsured Motorist coverage is optional to New Jersey drivers. The difference is that the insurance company must offer uninsured/underinsured motorist coverage, and you have the option to reject it in writing.
Injury victims may only file a claim under this insurance if the accident was caused by another driver who:
- Does not have insurance
- Does not have enough insurance to cover damages
- Fled the scene of the accident
Many single-vehicle accidents are caused by negligent drivers who do not stop at the scene of an accident they caused. These drivers are also known as “phantom drivers,” since they are there one minute and gone the next. Unlike a hit-and-run driver whose vehicle suffers damage, phantom drivers are more difficult to catch.
If you can prove your single-vehicle accident was caused by a phantom driver, you may be able to file a claim through your uninsured/underinsured motorist coverage with help from our knowledgeable attorneys.
Can Someone Else Be Liable for My Damages?
In some cases, a single-vehicle accident may have been the result of a third-party’s negligent actions, including:
State or Municipal Governments
If your single-vehicle accident was caused by poor roadway maintenance, a government entity may be liable for your damages. Some examples of poor road maintenance include:
- Poor signage
- Damaged traffic lights
- Improper landscape maintenance
Mechanical failures, such as malfunctioning brakes or steering, could also cause all sorts of accidents, including single-vehicle crashes. If the manufacturer of the vehicle part that malfunctioned was aware of the issue and failed to correct it, they could be held liable for your damages.
Pedestrians and Cyclists
Single-vehicle accidents are those which do not involve other vehicles. But they may involve pedestrians who improperly cross roadways and cyclists who fail to adhere to traffic laws.
If your accident was caused by another person’s pet, he or she may be liable for your damages. In these situations, you may be able to seek compensation through the pet owner’s homeowner’s insurance.
We Are Prepared to Help. Call Today
If your single-vehicle accident was not your fault, you may have options for pursuing compensation. Our licensed attorneys are prepared to help you through the process, whether that involves filing a first or third-party insurance claim.
We offer a free consultation and there are no fees while we work on your claim. We only get paid if you do, so there is no risk to you.
Call us today at (800) 518-0508