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Is New Jersey a No-Fault State?

Yes, New Jersey is a no-fault state. It means that whenever a car crash happens, the driver’s insurance company will pay for their damages and injuries regardless of who is responsible for the fault.

However, New Jersey follows a verbal threshold law that puts a limit on the capability to sue for pain and suffering in some special cases. Working with an experienced car accident lawyer in Jersey City can help you understand your options under the New Jersey choice no-fault system.

 New Jersey No-Fault: What You Need to Know

What Is the No-Fault Law?

A no-fault law means that after a car crash, all the injured parties and both the drivers will file a claim. They will seek compensation, regardless of the fault, from their own car insurance providers. To qualify for no-fault insurance benefits, it is not mandatory to prove fault or negligence.

Depending on your policy type, you can still pursue a no-fault car accident claim with the help of an attorney if you suffer a permanent injury, significant disfigurement, or other qualifying serious injuries. Fault determination still plays a role when it comes to suing the other driver, especially if you’ve chosen full tort coverage under your policy.

New Jersey’s Insurance Requirements

According to New Jersey’s insurance laws, drivers are required to carry personal injury protection (PIP), bodily injury liability, property damage liability, and uninsured motorist insurance. These minimum requirements ensure drivers have basic medical coverage and financial protection in case of an accident.

Drivers select between a Basic Policy, which offers limited tort rights and lower coverage, or a Standard Policy, which allows for full tort or limited tort options with higher coverage limits.

Understanding these insurance claims options under New Jersey law is crucial for selecting the right policy and ensuring proper accident reporting and fault determination.

At Omni Injury & Accident Law, we represent clients throughout New Jersey, including Fort Lee, Bergen County, Essex County, Hudson County and other surrounding areas.

Mandatory Insurance Coverage in New Jersey

Every New Jersey driver must carry certain minimum insurance requirements, including:

PIP coverage for medical expenses

Liability insurance for bodily injury and property damage liability

Uninsured motorist insurance

Collision coverage (optional but strongly recommended)

Choosing Between Limited and Unlimited Right to Sue


Under New Jersey’s verbal threshold (also called the lawsuit threshold or tort threshold), you must select either a limited right to sue or an unlimited right to sue option in your policy:

  • Limited right to sue restricts your ability to claim non-economic damages such as pain and suffering unless you meet specific injury criteria.
  • Unlimited right to sue enables you to seek these damages regardless of injury type.

Choosing the right threshold impacts your ability to seek compensation after a no-fault car accident settlement. This decision is directly influenced by the Automobile Insurance Cost Reduction Act, which aimed to offer more affordable car insurance while limiting unnecessary lawsuits.

Navigating Legal Rights in a Choice No-Fault State

Although New Jersey is a no-fault state, that doesn’t mean you can’t take legal action. A car accident can disrupt every part of your life from physical recovery to hefty medical costs and lost income. If your injuries meet the legal threshold such as permanent injury, significant disfigurement, or loss of a body function you may be entitled to file a claim or seek a no-fault car accident settlement.

Often, navigating insurance requirements, insurance limits, and insurance payout rules can be overwhelming. But you don’t have to go through this alone. Call Omni Injury & Accident Law to schedule a free consultation. Let our skilled team pursue the car accident settlement available to you under the law.