Car accidents can be life-altering events, creating physical injuries, emotional distress, and financial difficulties. For residents of Manchester Township, addressing the aftermath of a collision often requires knowledge of legal processes and insurance regulations. Whether seeking compensation for medical expenses, lost wages, or damage to your vehicle, the process can feel overwhelming without the right support. From gathering evidence to negotiating with insurance companies, the Manchester Township car accident lawyers at Kitrick, McWeeney & Wells, LLC can safeguard your rights and work toward achieving a resolution that addresses your needs.
Determining fault in a car accident involves examining evidence like police reports, witness statements, and physical evidence from the scene. Traffic laws play a significant role in establishing liability, as violations often indicate which driver was responsible for causing the collision.
Insurance adjusters also investigate the circumstances of an accident, analyzing damage to the vehicles, medical records, and statements from involved parties. Their goal is to assess liability and determine the extent of coverage owed under the policy.
If there are disputes over fault, our Manchester Township car accident lawyers can provide support by reviewing the evidence, consulting with professionals, and building a case that aligns with the facts. This approach can help clarify liability and strengthen your position during negotiations or litigation.
New Jersey is a no-fault state, meaning that after a car accident, your own insurance policy typically covers your medical expenses and related economic losses, regardless of who caused the accident. This coverage is known as Personal Injury Protection (PIP). The purpose of no-fault insurance is to provide faster compensation for medical treatment and minimize disputes over fault.
However, no-fault insurance has limits. PIP does not cover ‘non-economic’ damages like pain and suffering unless your injuries meet a legal threshold called the “serious injury” standard. Examples of that include significant disfigurement, loss of a body function, or permanent disability. If your injuries qualify, you may file a lawsuit against the at-fault driver for additional compensation.
New Jersey follows a comparative negligence rule, which allows you to recover compensation even if you were partially at fault for the accident, as long as your share of responsibility is 50% or less. However, your compensation will be reduced in proportion to your percentage of fault. For example, if you are found 20% at fault for the accident, any award you receive will be reduced by that percentage.
Passengers injured in car accidents have the right to pursue compensation for their injuries. Depending on the circumstances, a passenger may file a claim against the insurance policy of the driver of the vehicle they were in, the at-fault driver of another vehicle, or both. Passengers are rarely considered at fault for an accident, which often makes their claims more straightforward. However, if multiple drivers share liability for the accident, the passenger may need to file claims with several insurance companies. Our Manchester Township car accident lawyers can evaluate the available options, determine the applicable policies, and pursue compensation to cover medical expenses, lost wages, and other damages.
Most car accident claims are resolved through negotiation and settlement rather than litigation. Settlement negotiations involve presenting evidence, such as medical records, repair estimates, and witness statements, to the at-fault driver’s insurance company. Both parties aim to reach an agreement on compensation without proceeding to court.
Alternative dispute resolution methods, such as mediation, can also help resolve disputes. During mediation, a neutral third party facilitates discussions to help both sides agree. These processes can save time and legal costs while providing more control over the outcome. However, if negotiations fail or the settlement offer is inadequate, filing a lawsuit remains an option.
An insurance company may deny a car accident claim for various reasons, such as insufficient evidence, a dispute over liability, or a claim that damages are not covered under the policy. Receiving a denial can be frustrating, but it does not necessarily mean the case is closed.
The first step after a denial is to review the explanation provided by the insurance company. This explanation will outline the reasons for the decision and identify any missing documentation or information. Addressing these issues and resubmitting the claim may lead to approval.
If the denial persists, though, our Manchester Township car accident lawyers might be able to help. We can evaluate the insurer’s decision, gather additional evidence, and advocate on your behalf during the appeals process. If necessary, pursuing legal action against the insurance company for a bad faith denial may also be an option.
While many car accident cases are resolved through negotiations with insurance companies, some disputes require litigation. If settlement efforts do not result in a fair resolution, filing a lawsuit may be necessary to pursue full compensation.
During a trial, evidence is presented to a judge or jury, who will determine liability and award damages based on the facts of the case. This process involves examining witness testimony, reviewing documentation such as medical records and repair estimates, and making legal arguments. Litigation can be time-consuming and may involve additional costs. However, it also provides an opportunity to achieve an outcome that reflects the full extent of your losses. Our Manchester Township team can guide you through the litigation process, preparing a strong case and advocating for your interests in court.
If you or a loved one was injured in a car accident, the talented team of Manchester Township car accident lawyers at Kitrick, McWeeney & Wells, LLC can fight for your rights and explain your legal options. Call our Manasquan and Brick, New Jersey, offices at 732-655-3168 or submit our online form for a free consultation. We proudly serve clients across New Jersey.
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