What Is the Statute of Limitations for an Automobile Accident Claim
While drivers are the ones operating the vehicles during an automobile accident, they are not the only ones that can get injured. Passengers are just as likely, if not more likely to get injured in an automobile accident. Also, as they are not a driver in the accident, they generally are not responsible for the accident and injuries, making the case more streamlined. If you are a passenger in an accident, you may wonder how to seek compensation for medical bills and other damages. There are certain steps you should take to increase your chances at a successful claim.
Steps To Take After an Accident
The first step in all accident cases is to confirm the safety of those in the accident, and to seek medical treatment regarding any and all symptoms related to the accident. After the health of all involved has been accessed, the following steps can be followed to improve your chances at a successful claim:
Report the accident to police
Give a verbal or written statement regarding what happened at the accident
Collect contact information from all drivers involved, and from any witnesses that may have seen the accident
Collect insurance information from all drivers involved in the accident
Take pictures of the scene of the accident, including the road, the vehicles involved, and the damages on each vehicle.
Continue Medical treatment, including chiropractic care, Physical therapy, doctor visits, and medical scans such as X-rays and MRIs
Get a copy of the police report when it is obtainable
Contact a personal injury lawyer for additional advice and steps
Do not make statements to anyone except the police until you have had a chance to consult with your lawyer. When talking to the police, do not make guesses or assumptions as to who was at fault. Explain the facts that caused the accidents clearly and precisely. Only comment on your health where it applies to injuries sustained during the accident. Statements about feeling fine or ok may be detrimental if after time has passed, symptoms arise from the accident. Your previous statements can and will be used to try and disprove the severity of your injuries.
Filing an Insurance Claim as a Passenger
Filing a claim as a passenger is different than as a driver. While a passenger is usually not at fault for the accident, all of the drivers involved can be liable for the injuries sustained. For this reason, a third-party injury claim is filed. A third-party claim is filed against someone else’s auto insurance, as opposed to your own. The two main choices for filing a claim when you have been injured in a two-vehicle accident as a passenger are to file with the insurance of the driver whose car you were riding in or file with the other driver’s insurance. However, you may choose to do both, depending on the circumstances of the crash.
Calling a Personal Attorney For Your Case
To be successful in your third-party claim, it must be proven that someone was at fault for the accident, and that the injuries occurred due to their negligent behavior. Being the passenger of a vehicle means you are not at fault for the accident, as you did not do anything that caused the accident. The remaining factor is proving what injuries were caused by the accident. Who pays out however, can be complicated, as it must be determined who was at fault. If multiple parties were at fault, it must also be determined how much at fault each party was. In order to cover are possible options, a passenger usually files against all driver’s insurances to cover for all medical bills. If you need help with an automobile accident, please call a personal injury lawyer. They will have the knowledge and tools needed to make sure that all procedures are followed properly, so the only thing you have to worry about is recovering. Call today for a free consultation: 908-280-4717
What Is a Statute of Limitations and What is Their Purpose?
A statute of limitations is a time limit imposed by law. It is a state or federal rule that requires the affected party to start legal proceedings prior to a specified time. The time limit itself is dependent on the type of offense. The main purpose of a Statute of Limitations is to protect defendants from legal action after a significant time has passed. If this were to happen, evidence may be harder to obtain or even lost, and witnesses will have their recollection of the event muddied.
When Does a Statute of Limitations for an automobile accident Run?
In most cases, the statute of limitations begins running on the date the accident or injury occurred. However, there are limited exceptions, such as:
When the plaintiff is mentally incapacitated. If the victim is mentally incapacitated at the time of the accident and cannot reasonably manage their affairs or understand their legal rights, the statute of limitations may be paused until they regain capacity. Their is no maximum amount of time for this, so the legal filling can be months or years after to the accident, provided it can be proven the plaintiff was mentally incapacitated during that time.
When plaintiff is a minor. If the individual injured in the New Jersey car accident is under the age of 18, the statute of limitations does not begin immediately. Instead, The Statute of Limitations starts on the day they turn 18. This means that they have until the day of their 20th birthday to file a lawsuit.
How Long is the Statute of Limitations for Automobile Injuries In New Jersey?
Under New Jersey law, the plaintiff has 2 years from the date of the accident to file a legal claim against the defendants. This can be found under N.J.S.A. 2A:14-2a, which states:
2A:14-2. a. Except as otherwise provided by law, every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday.
Should I Wait Until The Deadline to File an Automobile Injury Claim?
In personal injury cases, the statute of limitations sets a filing deadline for bringing a legal action in civil court against the responsible party. That is only the legal side however. Most cases actually settle through negotiations with insurance companies.
For this reason, initiating a claim before the deadline can be beneficial for your case. The reasons are as follows:
Obtain evidence. Physical evidence related to the incident might become difficult to find as time goes on. Witness testimony can become unreliable the further away the incident was. The earlier the evidence gathering is started, the more likely you will have all the information needed for a strong case.
Negotiations. Litigation is a timely and costly endeavor. Insurance companies are more likely to settle cases than go to court. Giving both parties ample time to negotiate ensures that a proper agreement can be met.
Policy terms. While the statute of limitations applies to lawsuits, insurance claims have their own deadlines, often requiring prompt notification of an accident.
What Happens When an Automobile Injury Claim Cannot Be Settled Out of Court?
If your attorney and the insurance company cannot reach a fair settlement, your attorney can file a lawsuit. A jury will be picked, and a judge will oversee the court case. With this in mind, having an attorney from the beginning ensures that all documentation is found, all court deadlines are met, and all negotiations are done. If you miss the filing deadline, your claim will be forever barred.
What Types of Damages Can You Claim for Personal Injury?
After an injury due to someone else’s negligence, you may be entitled to seek compensatory damages. These may include economic damages, such as medical expenses, lost wages, and loss of future earning capacity. You may also be entitled to seek non-economic damages, such as pain and suffering, emotional trauma, mental anguish, and loss of enjoyment of life. An Attorney at Genco Law can assist you in determining your damages and move forward with you claim.
Why Choose Us to Represent You in an Automobile Injury Claim?
At Genco Law, we make sure that you, the client, gets the representation they need. Every case is important to us, and we give the upmost attention to each matter in front of us. We offer a free case evaluation. Contact us at 908-280-4717 if you have been in an automobile accident that was not your fault, contact us now.
