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No-fault insurance means that no matter who caused a traffic accident, your insurance company covers your damages and injuries. Some states, like New Jersey, have adopted a no-fault insurance model, but issues arise when the accident involves a truck, since truck accidents tend to cause more damage than a simple car accident. As a result, you may need to hire a trucking accident lawyer in New Jersey like the lawyers at RAM Law. Call them after your truck accident to protect your rights.
What Is No-Fault Insurance?
No-fault insurance is a type of auto insurance coverage that pays for your medical expenses, lost wages and other damages, regardless of who caused the accident. With New Jersey’s no-fault insurance laws, each driver’s insurance company is responsible for covering their own policyholder’s expenses, no matter who was at fault for the accident.
But no-fault insurance doesn’t generally apply to truck accidents in the same way it applies to car accidents. This is because the damages and injuries resulting from a truck accident are often more severe and expensive than those resulting from a car accident. In addition, trucks are subject to more stringent regulations and insurance requirements than passenger vehicles.
Instead of relying on no-fault insurance, victims of truck accidents can often seek compensation through a personal injury lawsuit or by filing a claim with the trucking company’s insurance company. An experienced personal injury attorney like those at RAM Law in New Jersey can help you determine the best course of action based on the specifics of your case. Contact RAM Law when you need them.
Does No-Fault Insurance Change How I File a Lawsuit after a Truck Accident?
There are often restrictions on when and under what circumstances a lawsuit can be filed after a truck accident. In some cases, you may only be able to sue a trucking company for damages that exceed a certain threshold or if the injuries are deemed to be serious or permanent. Some exceptions to the no-fault system that may allow victims of truck accidents to file a lawsuit against the other driver or the trucking company include:
If the accident was caused by the truck driver’s reckless or intentional conduct, <Link to Reckless/Aggressive Driving Truck Accidents> you may be able to file a lawsuit to seek compensation for your injuries.
If your medical expenses and other damages exceed a certain threshold, you may be able to file a lawsuit regardless of New Jersey’s no-fault insurance system.
In states like New Jersey, victims of truck accidents must first exhaust their own insurance coverage before they can sue the at-fault party for damages. This can make it more difficult to recover compensation for certain damages, such as for pain, suffering or lost wages. That’s exactly why you need an experienced trucking accident lawyer in NJ.
What Are the Benefits for a Victim of a Truck Accident with No-Fault Insurance?
You can find several benefits of New Jersey’s no-fault insurance system for truck accident victims, such as:
Speedier compensation
Reduced legal costs
Guaranteed benefits
Less uncertainty
With no-fault insurance, accident victims can receive compensation without the need to prove fault or liability in court. This is especially beneficial for those who’ve suffered minor injuries or property damage, as they can receive compensation without the time and expense of a lawsuit. Additionally, no-fault insurance helps to limit the number of frivolous lawsuits, reducing the burden on the court system. But no-fault insurance may also limit your ability to pursue legal action for extra damages.
What Are the Limitations to No-Fault Insurance?
While no-fault insurance provides benefits to truck accident victims, the system also places limitations on this type of coverage, including:
Limited compensation. In a no-fault system, you’re generally only entitled to certain benefits, such as medical expenses and lost wages. This means that you may not be able to recover compensation for other damages, such as pain, suffering or emotional distress.
Limited ability to sue. In some states with no-fault insurance, you may be limited in your ability to file a lawsuit against the other driver or the trucking company.
Higher insurance premiums. No-fault insurance can be more expensive than traditional liability insurance, as insurers need to pay out benefits even if their policyholder was not at fault for the accident.
Possible fraud. Some critics of this insurance system maintain that it can be more susceptible to fraud, as accident victims may be incentivized to exaggerate their injuries to receive benefits.
Accidents can result in catastrophic injuries, staggering medical expenses, and life-altering disabilities or death. You need an experienced Truck accident lawyerwith exceptional experience. Call Rebenack, Aronow & Mascolo, L.L.P. today at 732-247-3600 or contact us online to schedule a free consultation. Located in New Brunswick, Somerville, and Freehold, New Jersey, we serve clients in Middlesex County, Monmouth County, and Somerset County.
