Compassionate Motor Vehicle Accident Lawyers In New Jersey

Automobile accidents can be life-changing events, often leading to physical injuries, emotional distress and financial burden. Whether you’re a victim seeking compensation or a defendant facing a claim, having the right legal support can make all the difference.

At Scirocco Law, P.C., we understand the intricacies of accident claims. We assist with gathering evidence, negotiating with insurance companies and advocating on your behalf to ensure fair compensation. For defendants, we provide strong defense strategies to protect your interests and challenge unfounded claims.

What You Need To Know About Personal Injury Cases In New Jersey

In New Jersey, insurance consumers have a choice between two types of coverage for accident-related bodily injury. One option, called the “limitation on lawsuit option,” involves a lower yearly premium but restricts recovery related to “noneconomic loss” injuries. This means that in a lawsuit for damages, an individual injured in a car accident can only recover money for certain bodily injuries such as death, dismemberment, disfigurement and possible scarring, broken bones, death of a fetus, and other certain permanent injuries.

Given these broad categories, it is often unclear whether an individual is permitted to bring a lawsuit under this statute. For instance, although someone can pursue a lawsuit for a rib injury, they cannot do so for a mere chipped or broken tooth. The New Jersey Supreme Court has held that a person who lost tips of two of her teeth was not eligible to proceed with a lawsuit under the “limitation on lawsuit option” insurance. According to the court, broken or chipped teeth are not “fractures” as the term is medically defined.

Thus, if you have been injured in a car accident and wish to proceed with a lawsuit, you must 1) check whether you have the “limitation on lawsuit option insurance” and, if so, 2) determine whether your injuries allow you to proceed with litigation.

Assessment Of Auto Property Damage In New Jersey

It is frequently quite frustrating for a car owner involved in an accident to recover the full value of the vehicle’s loss. The recent appellate division case of Financial Services Vehicle Trust vs. James Panter, et al., in 2019, tackled this matter.

In a remarkably well-crafted opinion, Judge Fisher observed that “property owners frequently pursue compensation by solely presenting evidence related to repair costs.” However, damages often encompass more than just repair expenses. A vehicle’s value can decrease due to previous damage. With databases such as CarFax, it is now possible to uncover a vehicle’s accident history.

Experts on car values would typically then be needed to “persuade the factfinder with competent and admissible evidence that the vehicle’s value has been decreased by this stigma” – State Farm.

What About Uninsured Motorists?

In the recent case of Badiali v. New Jersey Manufacturers Insurance, Augustine Badiali was awarded over $29,000 in an uninsured motorist arbitration claim. New Jersey Manufacturers Insurance (NJM) was responsible for $14,500 of the award, but rejected it and demanded a trial de novo. The New Jersey Supreme Court ruled that NJM’s rejection of the award was not bad faith because a previous unpublished court opinion gave the insurer fair reason to believe that it was making a legitimate business decision.

How Our Personal Injury Lawyers Can Help

Our personal injury lawyers are dedicated to providing comprehensive support and expert representation for clients involved in automobile accidents. We understand the challenges that come with these incidents and are committed to helping you navigate the legal process with confidence and clarity.

• Automobile accidents: We offer compassionate representation to clients involved in car accidents, ensuring that they receive fair compensation for their injuries, property damage and other losses. Our team works diligently to investigate the circumstances, gather evidence and negotiate with insurance companies on your behalf.
• Truck accidents: Accidents involving large trucks can lead to severe injuries and complex claims. Our attorneys handle these cases, addressing factors like driver negligence, company liability and regulatory violations.
• Motorcycle accidents: Motorcyclists often face unique challenges in accident cases due to biases and misconceptions. We advocate fiercely for motorcycle accident victims, pursuing rightful compensation for injuries and damages.
• Pedestrian and bicycle accidents: Our firm also represents pedestrians and bicyclists injured in vehicle collisions. We focus on holding negligent drivers accountable and obtaining compensation for medical expenses, lost wages, and pain and suffering.

With us, you have a team of dedicated professionals working to protect your rights and achieve justice in your automobile accident case. Whether you’re seeking compensation or defending against a claim, our attorneys are here to provide the guidance and representation you need.

Questions Clients Are Asking About Car Accidents In New Jersey

Taking legal action after a car collision can raise numerous questions and concerns. To help you understand the process and what to expect, we’ve compiled a list of frequently asked questions about automobile accidents.

Who is liable in a texting while driving case?

In an interesting personal injury case, the court recently held that a “person sending text messages has a duty not to text someone who is driving if the texter knows or has special reason to know the recipient will view the text while driving.”

The court also noted that criminal penalties now exist “for those who are distracted by use of a cell phone while driving” and who injure others as a result of the distraction. Under this new legislation, specifically NJSA 2C:12-1(c)(1), the jury can infer that a driver is guilty of the fourth-degree crime of assault by auto if someone is seriously injured while the driver is using a hand-held device.

In the case of Kubert v. Best, the appellate division ruled that although the driver of a pick-up truck who caused serious injuries while on his cell phone was liable, there was not enough proof to demonstrate that his girlfriend, who most likely was texting him at the time, was aware of the fact that he was driving and likely knew that he would be distracted by her text. Thus, the case against the girlfriend was dismissed. There will, however, most likely be occasions when this issue again arises, and the facts demonstrate that the sender of the text was very well aware that the recipient was driving and thus was creating an extremely hazardous situation.

Is arbitration the only way to settle PIP benefit disputes?

Yes. The recent case of Indemnity Company v. National Liability & Fire Insurance Company (App. Div.) addressed this issue. In an inter-company arbitration between insurers over PIP benefit contributions, all issues, including coverage disputes, are to be decided by the arbitrator. The plaintiff here properly proceeded with an order to show cause in an action to enforce the arbitration award.

Understanding these key aspects of automobile accident cases can help you navigate the legal process more effectively. If you have further questions or require assistance, please feel free to reach out to us.

Contact Scirocco Law, P.C., For A Consultation

Personal injury claims are complex. Call Scirocco Law, P.C., at 973-968-6321 to discuss your car accident injuries. Our experienced team can answer your questions and help you get the compensation you deserve following a motor vehicle accident. You can also reach us online.