It is no secret that the New York-New Jersey hub is one of the busiest metro areas in the country. Every day, thousands of people drive from one state to another, which, depending on the traffic, can lead them to spend a lot of time at the wheel. The possibility of suffering a car accident is always present, so knowing a priori the laws that apply in both states and how they vary can be very useful:
1. Personal Injury Protection (PIP) or “no-fault” coverage: both New York and New Jersey require drivers to have this type of policy, in which insurance companies they cover the medical expenses and other damages of all those involved in the accident, no matter who caused it. The great variant is the minimum value of the mandatory coverage. While in New Jersey it is up to US $ 15,000 per person for medical expenses, in New York it amounts to US $ 50,000. These amounts may be higher if the insured contracts a more expensive policy, such as, for example, the Standard in New Jersey, which increases the coverage for medical expenses to US $ 250,000.
2. Coverage of uninsured motorists: the state of New York requires drivers to have this type of coverage as a way to protect them against a possible crash against an uninsured motorist or whose coverage is very limited. In New Jersey, for its part, this type of insurance is optional (although always recommended).
3. Civil suit for damages and pain suffered: in both states a civil lawsuit can be filed against the person responsible for the accident for “non-economic losses” such as pain, suffering, emotional distress, reduced quality of life, loss of consortium, among others. However, in order to receive compensation, a severe injury such as death, dismemberment, significant disfigurement, abortion, fractures, loss of use of an organ, limb or body function, and / or disability that impedes basic activities must be proven. The big difference is that in New Jersey the insured can choose to limit their right to compensation depending on the type of policy they buy. The cheapest insurance includes the limitation by default and can only proceed with a claim if it is objectively demonstrated a permanent severe injury or if the accident occurs with a commercial vehicle.
4. Time to file a civil lawsuit: New York’s statute of limitations allows up to three years from the day of the accident to file a civil lawsuit, while this period is reduced to two years in New Jersey.
It is essential to understand that each accident is different and must be examined individually and in detail. What is common to all drivers is the importance of having an insurance policy and, in the event of a crash, receiving the necessary medical attention, taking pictures of physical injuries and property, and immediately contact a specialized lawyer. The Ginarte law firm can advise you free of charge in both New York and New Jersey. To request an appointment call 1-888-446-2783 or visit https://www.ginarte.com