Car accidents are stressful already, but when the accident involves an out-of-state vehicle, it can add an extra layer of complexity. Whether you’re a New Jersey resident hit by a car from another state, or an out-of-state driver involved in an accident while traveling through New Jersey, navigating your legal claim becomes more complicated due to the differences in state laws. The question arises: which state’s insurance laws apply? How does fault get determined? What about insurance coverage?
In this article, we’ll explore what happens when a car accident occurs in New Jersey involving an out-of-state vehicle. We’ll cover the laws that govern these types of accidents, how New Jersey’s no-fault insurance system impacts claims, and the steps you need to take to protect your rights if you’re involved in a collision with a driver from another state.
The best advice we can give you upfront is to seek a legal consultation from a qualified New Jersey car accident attorney, such as our team at Brandon J. Broderick, Attorney at Law. Our team has years of experience. Call us for more info.
New Jersey’s No-Fault Insurance System
How No-Fault Insurance Works
New Jersey is a no-fault state when it comes to auto insurance, which means that if you’re injured in a car accident, your own insurance company will cover your medical bills and related expenses, regardless of who was at fault for the accident. This is done through Personal Injury Protection (PIP) coverage, which is required for all drivers in New Jersey. PIP covers medical expenses, lost wages, and other costs associated with injuries from the accident, but it does not cover property damage or non-economic damages like pain and suffering.
For out-of-state drivers involved in a New Jersey car accident, the question becomes how their insurance interacts with New Jersey’s no-fault system. While most states do not have a no-fault insurance requirement, drivers from other states must comply with New Jersey’s laws if an accident occurs within the state.
PIP Coverage for Out-of-State Drivers
Out-of-state drivers are generally covered by their own state’s insurance policies, but if they’re involved in an accident in New Jersey, they may be subject to the state’s PIP requirements. In most cases, an out-of-state driver’s insurance will provide coverage equivalent to what New Jersey drivers are required to have, including PIP benefits.
However, out-of-state drivers need to be aware that New Jersey’s minimum coverage limits may be different from those in their home state. If the other driver does not have adequate PIP coverage, this can complicate the claims process and may require legal action to ensure that the injured party receives full compensation.
Determining Fault in New Jersey Car Accidents
New Jersey’s Comparative Negligence Rule
New Jersey follows a comparative negligence rule for determining fault in car accidents. The way it works is even if you are partially at fault for an accident, your compensation will be reduced by the percentage of your fault. If you are found to be more than 50% at fault, you cannot recover any damages through a legal claim.
For example, if you are hit by an out-of-state driver who ran a red light, but you were speeding at the time, the court may find you 20% at fault. In this case, your compensation would be reduced by 20%. If you are 51% or more at fault, you would not be able to recover any compensation.
Laws Governing Out-of-State Vehicles in New Jersey
Under N.J.S.A. 39:6A-4, out-of-state drivers involved in accidents in New Jersey are subject to the same comparative negligence laws as New Jersey residents. This means that if an out-of-state driver is found to be at fault for the accident, they can be held liable for the damages. However, if both drivers share responsibility for the accident, the same rules apply regarding the percentage of fault.
It is extremely important to get all the evidence possible at the accident scene to support your claim. This includes taking photographs, getting witness statements, and obtaining a copy of the police report. These will all be essential for proving fault, especially when dealing with an out-of-state driver.
Filing Insurance Claims and Lawsuits After an Accident
Out-of-State Insurance Claims
When an out-of-state driver is involved in an accident in New Jersey, they will likely file a claim with their own insurance company for PIP benefits. However, if their insurance coverage is insufficient to cover all of the damages, or if the accident resulted in significant injuries, a personal injury lawsuit may be necessary to recover additional compensation.
For New Jersey residents involved in an accident with an out-of-state driver, it’s important to understand that the other driver’s insurance may have different coverage limits. In some cases, you may need to file a claim with your own insurance company under your underinsured motorist (UIM) coverage if the at-fault driver’s insurance is not enough to cover your damages.
Statute of Limitations
In New Jersey, the statute of limitations for filing a personal injury claim after a car accident is generally two years from the date of the accident. This applies whether the accident involves an in-state or out-of-state driver. If you miss the statute deadline, you will not be allowed to recover any losses.
It’s critical to act quickly after an accident to ensure that you preserve your right to file a claim. This includes notifying your insurance company, gathering evidence, and consulting with an attorney if necessary.
Special Considerations for Commercial Vehicles
If the out-of-state vehicle involved in the accident is a commercial truck, bus, or other commercial vehicle, additional factors may come into play. Commercial drivers are subject to both state and federal regulations, including the Federal Motor Carrier Safety Administration (FMCSA) rules that govern hours of service, vehicle maintenance, and driver qualifications. Violations of these regulations can play a significant role in proving fault in an accident involving a commercial vehicle.
Call Brandon J. Broderick For Legal Help
Navigating New Jersey car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced car accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.