Jan 032014
 

People who are involved in motor vehicle accidents in Cherry Hill, Marlton and Camden often wonder if a lawsuit is necessary to recover compensation for their injuries and damages.  Do injured drivers, passengers and even pedestrians have to file a NJ car accident lawsuit to receive compensation?  The answer is not necessarily.

There are situations where parties may not need to file lawsuits in order to recover financial compensation for the injuries sustained in NJ car, bus or truck accidents.

Related: New Jersey Car Truck Accidents – What Can You Recover?

When Liability is Not an Issue in Cherry Hill, Marlton NJ Auto Accidents

Consider the following car accident scenario: A driver in a sedan is entering an intersection going through a green light traveling at 45mph.  A truck is traveling in the opposite direction and makes a left hand turn in front of the sedan.  There is no way to avoid the accident, and the sedan smashes into the truck causing the driver’s head to jerk forward and forcefully hit the steering wheel.  His head then jerks back after the impact and hits the head rest.  The impact causes the sedan to spin out of control, and the sedan driver’s head also hits the side window several times.  As a result, the driver sustains a permanent traumatic brain injury from the accident, has permanent memory loss and suffers permanent cognitive and speech impairments.

The truck driver in this case is clearly at fault because he did not yield the right of way to the sedan pursuant to New Jersey Statutes Annotated Section 39:4-90. Right of Way at Intersections.

In this scenario, assuming that the truck driver’s liability coverage on his truck insurance policy is subject to a $15,000 limit and the sedan driver’s injuries are worth significantly more than $15,000, the lawyer for the sedan driver can make contact with the truck driver’s insurance company to explain that his client’s injuries surpass the $15,000 coverage and offer to forward his client’s medical records.  After reviewing the sedan driver’s medical records, the insurance adjustor may recognize that the injured sedan driver sustained significant injuries and tender the policy limit of $15,000.

However, it is important to note that in situations where the at-fault driver’s liability coverage is not enough to cover the injured car accident victim’s injuries and damages, an underinsured motorist (UIM) claim may be filed as the next level of recovery.

For more information about filing a UIM claim after a car accident in NJ, see NJ Car and Truck Accident Lawyer Talks About When to File an Uninsured/Underinsured (UM/UIM) Motorist Claim in a Car or Truck Accident.

Help After a Cherry Hill, Marlton and Camden Car Accident

If you sustained injuries in a car, bus or truck accident and want to know your legal rights, call Philip Ciprietti, a personal injury lawyer who has helped many car accident victims, to schedule a free initial consultation.  Mr. Ciprietti has been helping injured victims for over 35 years. 800.281.8695

In addition to helping residents of New Jersey in all types of accident cases, Mr. Ciprietti also represents residents of other states such as Pennsylvania, New York, Maryland, and Virginia who are injured in car, truck or bus accidents while driving on New Jersey roadways such as, the NJ Turnpike, AC Expressway, Interstate 295 or the Garden State Parkway.

*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in New Jersey. This website page does not provide any legal advice or create any attorney-client relationship. Use of the contact form on this website or emailing Mr. Ciprietti does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.