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Personal Injury | Medical Malpractice Pennsylvania and New Jersey

Who Pays For Car Accident Compensation in New Jersey?

Our attorneys explain how the system works

Obtaining financial compensation for your car accident in New Jersey can be overwhelming. That's because the state's car insurance system can be so confusing, especially if you've never been in an accident before and it's your first time filing an accident claim.

Fortunately, you don't have to deal with your car accident on your own. The legal team at Villari, Brandes & Giannone, P.C. can help you every step of the way. We know how the system works in New Jersey and what it takes to file a successful claim.

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How "no fault" system works in New Jersey

New Jersey has a "no fault" car insurance system. Based on this system, the person injured in a car accident files a claim with their own insurance company, regardless of who was at fault in the accident.

In addition to having "no fault" insurance, New Jersey requires all drivers to have Personal Injury Protection (PIP) coverage. Also known as "first party benefits," PIP coverage means that injury victims first file a claim with their own insurance company for their medical expenses.

What is verbal threshold?

Another unique aspect of New Jersey's car insurance system is a rule known as "verbal threshold." This rule involves "Limitation on Lawsuit" coverage, which was included in New Jersey's Automobile Insurance Cost Reduction Act ("AICRA"). The AICRA was passed in 1998 in an effort by state officials to limit how much money accident victims could seek for pain and suffering.

If drivers choose "Limitation on Lawsuit" coverage in New Jersey, there are limits on how much financial compensation they can seek for accident related expenses. However, under AICRA, there are six exemptions to the rule, meaning accident victims can seek compensation for pain and suffering and are not bound by the state's verbal threshold. The six exemptions are:

  • Death
  • Dismemberment
  • Displaced fractures
  • Loss of a fetus
  • Permanent injuries
  • Significant scarring or disfigurement

Why choose us

Not sure which rules apply to your New Jersey car accident? You're not alone. Make sure you thoroughly understand all the rules and regulations that apply to your car claim. Make sure you contact us and schedule your free case evaluation.

One of our experienced New Jersey accident attorneys can walk you through all the available legal options and explain which approach best suits your specific accident. And if you have any questions later, you can reach the attorney handling your case anytime. That's because we give clients our home numbers and cell numbers. We believe you deserve straight answers, anytime.

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161 Washington Street Suite 400
Conshohocken, PA 19428
Phone: 610-729-2900

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Philadelphia, PA 19103
Phone: 888-729-2901

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10000 Lincoln Drive E #201
Marlton, NJ 08053
Phone: 856-354-8717