While emerging from a car accident unscathed may be perceived as fortunate, the same does not hold true for one’s vehicle. Given the disparity between physical well-being and property damage, the appropriateness of pursuing legal action against a negligent motorist may be questioned. This blog addresses whether legal recourse for vehicle damage is permissible in the absence of personal injuries, and how an experienced Essex County Auto Accident Attorney can assist in pursuing the justice you deserve.
How Does New Jersey’s No-Fault System Work?
New Jersey, like many states, operates under a no-fault system for auto accidents. Consequently, motorists are required to maintain Personal Injury Protection (PIP) coverage as part of their basic auto insurance policy. This coverage is intended to address medical bills, lost income, and other costs associated with bodily injuries incurred, and it’s disbursed from one’s own insurance regardless of fault in the accident.
However, property damage is handled distinctly, as it’s not encompassed by the state’s no-fault system. In New Jersey, the mandated minimum auto insurance coverage for property damage is typically $5,000. In such cases, compensation may be provided by the at-fault motorist’s insurance rather than one’s own.
Can I Sue for Damage to My Vehicle if I’m Not Hurt?
Even if the sum of $5,000 is successfully obtained from the at-fault motorist’s insurance provider, this amount may be insufficient to cover the full extent of the vehicle’s damages. In such an event, one might consider pursuing a property damage claim to secure the remaining necessary compensation.
Within this claim, one may itemize the cost of repairing the vehicle’s damage or, if the vehicle is deemed a total loss, the cost of its replacement. This may also include claims for loss of use, should a rental vehicle have been required during the repair period, or for the diminished value of the vehicle, if its resale value has decreased due to its accident history.
As with a personal injury claim, establishing the other motorist’s negligence is required in a property damage claim. Under New Jersey’s comparative negligence statute, the payout may be reduced by the percentage of fault attributed to the claimant. Thus, if the court determines the claimant to be 20 percent responsible for the accident, only 80 percent of the property damages may be recovered.
In the unfortunate event that the insurance company is being uncooperative or if you have sustained significant property damage, it’s in your best interest to consult with a determined attorney at The Law Offices of Christopher T. Howell, Esq. Our legal team is prepared to help you secure the compensation you are owed. Connect with our firm today to schedule a consultation.