Car accidents are traumatic and painful. When the dust settles after the claim, accident victims are left with the process of physical recovery as well as the legal entanglements required to navigate their financial recovery. Car accident damages mount quickly, often with medical bills piling up at the same time that an injury victim may be unable to return to work. A successful car accident claim is an important step toward recovering from the financial hardship associated with car accident damages. Most car accident damages include a totaled vehicle, medical expenses, and lost income as well as pain and suffering.
The length of time it takes to complete the car accident claim process depends on the specifics of the case, whether or not the claim is against the Camden car accident victim under the no-fault insurance law, or against another party in a lawsuit.
New Jersey’s No-Fault Car Insurance Laws
New Jersey is a no-fault car accident state that requires all drivers to carry personal injury protection (PIP) policies. After a car accident, accident victims must report the accident to their auto insurance company and then file a claim against their policy for repairing or replacing their damaged vehicle. Claims also often include compensation for medical expenses and lost wages. This means a car accident victim doesn’t have to prove fault for the accident to recover compensation. However, the limits of a PIP insurance policy may not adequately cover the damages. In these cases, an injury victim may pursue other options for recovering compensation like a personal injury lawsuit against an at-fault driver in a collision or a lawsuit against a third party like a negligent road maintenance agency or the manufacturer of a defective auto part. In New Jersey, the time limit for filing a personal injury lawsuit is two years from the accident date.
Factors That Can Delay Your Car Accident Settlement
Insurance companies assign an adjuster to car accident cases. Depending on the complexity of the accident and the extent of the injuries, the adjuster must perform an investigation into the cause of the accident and verify the details of the accident victim’s injury expenses. Then the adjuster begins to negotiate with the injury victim and their attorney to arrive at a settlement agreement. The process of obtaining a settlement can take six months or more depending on the circumstances of the case and the extent of the damages.
If the accident victim files a lawsuit against the at-fault party or third party, the length of the process depends on whether or not the defendant and their insurance company decide to settle or if the case goes to court.
Litigating a car accident personal injury claim takes substantially longer than reaching a settlement, but juries are often highly sympathetic to injury victims. A jury verdict awarding damages to the victim is typically higher than the amount an injury victim would recover in a settlement.
How Can a Car Accident Attorney Help?
Car accident victims in New Jersey have several options for recovering compensation. Hiring an experienced New Jersey car accident attorney is a critical first move in finding the best strategy for recovering the maximum compensation available. Call the New Jersey car accident lawyers at Cuneo & Leonetti today so your lawyer can investigate the accident, gather evidence, and determine the best way to achieve an optimal outcome in your unique car accident case.