Car accidents are fairly common occurrences in New Jersey. When your vehicle is struck by another motorist, you might be left with property damage and injuries. If you are involved in a car accident because of the actions of someone else, you will need to know when you should file your claim. New Jersey has a few different statutes of limitation that you need to know when you want to file a claim after a car accident. The professionals at Elmer’s Auto Body are experienced with handling car accident claims and can work with your insurance company to make sure that you get back on the road as quickly as possible.
What is a statute of limitations?
Every state, including New Jersey, has laws that limit the ability to file lawsuits and claims. These are time limitations for when claims must be filed. A statute of limitations is a law that places a time limit on your ability to file a civil lawsuit against the responsible party in court. The period for filing a lawsuit is set by a certain number of years beginning on the date of your accident. The deadline that you will have will depend on the type of lawsuit that you wish to file.
What happens if the deadline of the statute of limitations passes?
The key thing that you must keep in mind about the statute of limitations is that the deadline is strict. If you wait until the deadline passes before trying to file a lawsuit, the defendant will likely file a motion to dismiss your claim as time-barred. The court will then grant the motion, which will end your lawsuit. This means that if you wait to file your claim until after the statute of limitations deadline has passed, you will be prevented from recovering compensation for your losses. While there are a few limited exceptions to the statute of limitations, it is best to file your claim well within the limitations period so that you can protect your right to recover damages.
For car accident claims, the particular statute of limitations that will apply will depend on the type of claim you are filing. The type of claim will depend on which civil law under which your lawsuit will be filed. It is a good idea for you to talk to a lawyer to learn about which type of claim is best suited to your case.
The statutes of limitations in New Jersey for car accidents
There are several different statutes of limitations that might apply to car accidents in New Jersey. If you suffered injuries in your car accident, you will have two years from the date that you were injured to file your claim. For property damage that you suffered as a result of a car accident, the statute of limitations for filing a lawsuit to recover compensation is six years.
If your car accident claim resulted from product defects, including an improper design or manufacturing process that resulted in a defective component that led to the accident, the statute of limitations is two years from the date of your accident. If your accident resulted in the wrongful death of your loved one, you will have two years to file a lawsuit against the responsible party.
When a manufacturer, driver, or another responsible party causes a car accident, you can file a lawsuit to recover compensation for your losses. However, if you allow the statute of limitations to expire, you will not be able to file a lawsuit. This makes it important to act quickly after your car accident if you want to file a lawsuit against the responsible party. Finally, if your lawsuit will include several types of claims such as property damage and personal injury, you should file your lawsuit within the shortest statute of limitations period.
Get help from Elmer’s Auto Body
Dealing with the aftermath of a car accident can be overwhelming. You might be trying to recover from your injuries while also trying to handle your car repairs. The professionals at Elmer’s Auto Body can help you with your vehicle repairs so that you can get back on the road as soon as possible. We work with many different insurance companies to help people to get their cars repaired back to the condition that they were in before their accidents. Call us today to schedule an appointment by filling out our online scheduling form or calling us at one of our three locations.