As New York City’s neighbor, Hoboken has no shortage of car accidents. Fortunately, our attorneys are ready to help you get compensation when a negligent driver injures you.
Car accident claims in Hoboken are often complex because the type of insurance the victim has can impact their right to sue. Some car accident victims are shocked to learn that their insurance bars them from filing a lawsuit for their non-economic damages. Other drivers have no limits placed on their legal rights. Our lawyers can help you determine what limitations impact your claim and methods of getting around them. In many cases, our team can gather evidence that shows the court you suffered serious injuries and are entitled to all your damages in a lawsuit.
To get your free case review today with our car accident attorneys, call Agrapidis & Maroules, P.C., at (201) 777-1111.
When You Can File a Lawsuit for a Car Accident in Hoboken, NJ
When you can file a lawsuit for a Hoboken car accident will depend on whether you can file one at all. “No-fault” insurance rules are used for Hoboken car accidents. This means injured drivers and passengers can get compensation from their own Personal Injury Protection (PIP) insurance without having to file an insurance claim with the other driver’s provider or prove fault. However, PIP insurance will only cover your economic losses up to a certain amount. It will not pay you for your non-economic losses, your “pain and suffering.”
In most cases, your non-economic damages can only be recovered in a lawsuit. Unfortunately, your insurance might limit your right to sue unless you sustained serious injuries in your car accident or selected a policy with no limitations. Our car accident attorneys can review your insurance coverage with you so you fully understand your rights and how we can pursue the full range of your damages. If you can sue, we will figure out exactly how much time you have to file your lawsuit.
Limits on the Right to Sue
If your insurance includes the “limitation on lawsuit” option, you cannot file a lawsuit unless you sustained serious injuries in your accident, according to N.J.S.A. § 39:6A-8(a). Serious injuries can range from broken bones and significant scarring to permanent injuries that affect a body part or function, miscarriage, and amputations.
However, you will need to do more than just claim you have serious injuries. You must provide the court “certification” that your injuries are as serious as you claim. After the defendant answers your complaint (the document that is filed to start your lawsuit), you will have 60 days to provide the defendant with medical records from your treating physicians that substantiate the injuries described in your complaint. The court may also allow 60 additional days to certify your injuries if you have good cause for the delay. If the threshold is met, your lawsuit will move forward.
If you selected to have no limits placed on your right to file a lawsuit when you purchased your car insurance, § 39:6A-8(b) will allow you to file a lawsuit no matter the injuries involved. Like the other option, your insurance will cover most of your basic economic losses. You can then file a lawsuit for any additional damages without having to meet the “serious injury” threshold. When we review your insurance coverage and determine whether you can sue, the next step will be to determine when the “statute of limitations” will run in your case.
It needs to be noted, though, that the limits placed on car accident victims’ right to file a claim are not applied to motorcycle accident victims. If you were riding a motorcycle when injured in a car accident, you could file a lawsuit no matter what type of motorcycle or car insurance you have.
The Statute of Limitations
If one of the two exceptions discussed gives you the right to sue, you must file your lawsuit within two years of the accident, according to § 2A:14-2(a). You must file your case before the two-year anniversary of your accident, or you will lose out on any of the compensation you should have recovered. The only way a lawsuit filed after the statute of limitations passes will not be dismissed by the court is if one of the few exceptions to the rule applies.
For example, you will usually have more time to file if the defendant is not in Hoboken or NJ. Hoboken sits just outside of New York City, exposing local drivers to some of the worst traffic in the world. With so many drivers commuting to and from NYC through Hoboken, it is possible you were injured by someone who does not reside in NJ. If you have made reasonable attempts to serve the defendant notice of your lawsuit where they live, but they refuse to comply with the order, the time it takes to bring them to Hoboken will not count against you, as per § 2A:14-22(a).
How to Preserve Evidence for your Hoboken, NJ Car Accident Case
Evidence will typically be collected throughout your case, but some of the most important pieces will be at the scene of your accident. Once the scene is cleared away, which will be relatively soon, that evidence will be gone. The best way to preserve this evidence is by photographing as much of the scene as your injuries allow.
You will want to be sure to capture the severity of the scene. For instance, take photos wherever you see broken glass, car parts, tire marks, and any other debris you notice. Taking photos of the location is also helpful since it will show lane markings, traffic signals, and road conditions, providing important context for how the accident likely occurred. Of course, also take pictures of the damage to your car and the other driver’s, including where the vehicles came to rest.
Taking photos of your injuries will also preserve their condition at the time of the accident. If your injuries are not too severe, you might be able to do this yourself. For victims with serious injuries, the police will likely take their own photos since the accident could turn into a criminal investigation. The police’s pictures should be included in a copy of your police report even if you did not get a chance to take photos yourself.
Our team will also investigate your crash site to determine if any nearby home or business surveillance cameras recorded your accident.
Call Our Hoboken, NJ Car Accident Attorneys for Help Today
Contact Agrapidis & Maroules, P.C., today at (201) 777-1111 for a free case evaluation with our experienced car accident lawyers.