What Are the Different Sources of Damages?
New Jersey is one of a minority of states across the country with form of “no-fault” automobile insurance. As a general rule, that means that, in the aftermath of a car, truck or motorcycle accident, you’ll look first to your insurance provider to recover for your losses. In certain circumstances, though, you may be able to file a civil lawsuit to recover compensation, such as when the accident causes:
- Dismemberment
- Significant scarring or disfigurement
- Displaced fractures
- The loss of a fetus
- Any type of permanent injury
In those situations, you’ll typically look to the at-fault party’s insurer for recovery. What are your options, though, if the defendant’s insurance policy is insufficient to cover all your injury and loss? What other potential avenues of recovery do you have?
An Uninsured or Underinsured Motorist Claim
In New Jersey, as in other state, you can purchase additional coverage under your own policy, known as UM/UIM, or Uninsured Motorist/Underinsured Motorist coverage. This coverage typically provides compensation for unreimbursed medical expenses, lost income or wages, emotional distress, physical pain and suffering, and wrongful death.
A Dram Shop or Social Host Liability Claim
If the person who caused the accident was intoxicated at the time of the crash, you may be able to bring a lawsuit against the person or establishment that provided the alcohol. With a dram shop claim (against a bar, tavern or similar entity), you must typically show that either:
- The person causing the accident was visibly intoxicated when served, or
- The person serving the alcohol knew or should reasonably have known that the person being served (who subsequently caused the accident) was under the age of 21
You can also bring a lawsuit against a private individual who served alcohol at a party or similar function, provided you can show that:
- The person causing the accident was visibly intoxicated when served, or
- The circumstances under which the alcohol was served created an “unreasonable risk” of harm to life or property, and your injury was caused by an intoxicated person who was served alcohol by a social host
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury.Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.