New Jersey Car Accident: What to do After a Car Accident

New Jersey Car Accident: What to Do After a Car Accident

A car accident can be a frightening and disorienting experience. In the aftermath of a collision, knowing the correct steps to take is crucial for your safety, your legal rights, and your financial well-being. According to the New Jersey State Police, as of May 7, 2024, there were 209 reported motor vehicle accident fatalities. If the trend continues, the state could see as many as 744 vehicle deaths by the end of the year. This guide provides a comprehensive overview of what to do after a car accident in New Jersey to protect yourself and navigate the legal and insurance landscape.

1. Ensure Safety and Check for Injuries

  • Immediate Assessment: After a collision, the very first thing you should do is check yourself and your passengers for any injuries. Even if you feel fine, some injuries may not be immediately apparent due to shock.
  • Call for Help: If anyone is injured, call 911 immediately. Emergency responders can provide medical assistance and ensure the scene is safe.
  • Move to Safety: If possible and safe, move your vehicle out of the flow of traffic to prevent further accidents. Turn on your hazard lights to alert other drivers.

2. Notify the Authorities

  • When to Call the Police: In New Jersey, you are legally required to report any accident that results in injury, death, or property damage exceeding $500.
  • Filing a Report: Call the local police department or the New Jersey State Police to report the accident. Provide them with accurate details about the incident, including the location, time, and a brief description of what happened.
  • Importance of a Police Report: The police report serves as an official record of the accident and is crucial for insurance claims and potential legal actions. The officer’s report should stick to the objective data at the scene of the accident.

3. Gather Information and Document the Scene

  • Exchange Information: New Jersey law requires drivers to exchange contact and insurance information after an accident. This includes:
    • Full name and address
    • Driver’s license number
    • Vehicle registration information
    • Insurance company name and policy number
  • Document the Scene: If you are physically able, gather as much evidence as possible at the scene:
    • Photos: Take photos of vehicle damage, injuries, road conditions, traffic signals, and any other relevant details.
    • Witness Information: Collect contact information from any witnesses to the accident.
    • Notes: Write down your recollection of the accident, including the time, location, weather conditions, and a detailed description of what occurred.
  • What if you hit a parked car? If you hit a parked car with no one inside, try to locate the owner. If you cannot, leave a note with your name, address, and a brief explanation of the incident. Then, call 911 to report the accident, especially if there are injuries or property damage exceeding $500.

4. Report the Accident to Your Insurance Company

  • Prompt Notification: Notify your insurance company as soon as possible after the accident. Most insurance companies require prompt notification. Delaying too long could compromise your ability to recover damages.
  • Be Truthful and Accurate: Provide your insurance company with a truthful and accurate account of the accident. However, avoid admitting fault or making any statements that could be used against you later.
  • Understanding No-Fault Insurance: New Jersey is a “no-fault” insurance state. This means that, regardless of who caused the accident, your own Personal Injury Protection (PIP) insurance will typically cover your medical expenses and lost wages.
  • PIP Coverage: PIP coverage may help pay for:
    • Medical treatment
    • Injury rehabilitation expenses
    • Lost income
    • Essential household services if you are unable to perform them due to injury

5. Seek Medical Attention

  • Immediate Evaluation: Even if you feel fine, it is essential to seek medical attention after a car accident. Some injuries, such as whiplash or internal bleeding, may not be immediately apparent.
  • Document Everything: Keep detailed records of all medical treatment you receive, including doctor’s visits, physical therapy, and prescriptions. This documentation will be crucial for your insurance claim.
  • Follow-Up Care: Follow your doctor’s recommendations for treatment and follow-up care.

6. Understand New Jersey’s No-Fault Insurance System and Your Right to Sue

  • Limited vs. Unlimited Right to Sue: In New Jersey, you have a choice between a “limited right to sue” and an “unlimited right to sue” when purchasing car insurance.
    • Limited Right to Sue (Verbal Threshold): This option restricts your ability to sue the at-fault driver for pain and suffering unless you suffer a “serious injury” as defined by law. Serious injuries include:
      • Loss of a body part
      • Significant disfigurement or scarring
      • Displaced fractures
      • Loss of a fetus
      • Permanent injury (one that will not heal to function normally)
      • Death
    • Unlimited Right to Sue (No Threshold): This option allows you to sue the at-fault driver for pain and suffering regardless of the severity of your injuries.
  • When Can You Sue? Even with the limited right to sue option, you may still be able to sue the other driver in certain situations:
    • The other driver was uninsured or underinsured.
    • The other party acted intentionally or recklessly.
    • You were a pedestrian, bicyclist, or motorcyclist not covered under PIP.
  • Comparative Negligence: New Jersey operates under a “comparative negligence” law. This means that you can recover damages even if you were partially at fault for the accident, as long as your degree of fault is not greater than the other driver’s. However, your compensation will be reduced by your percentage of fault.

7. Consider Hiring a Car Accident Lawyer

  • Complexity of the Law: New Jersey car accident laws can be complex and confusing, especially when dealing with insurance companies.
  • Protecting Your Rights: A car accident lawyer can help you understand your rights, navigate the legal process, and negotiate with insurance companies to ensure you receive fair compensation for your injuries and damages.
  • Statute of Limitations: In New Jersey, the statute of limitations for filing a personal injury lawsuit after a car accident is generally two years from the date of the accident. It’s crucial to consult with an attorney promptly to ensure your claim is filed within this timeframe.
  • Contingency Fees: Many car accident lawyers work on a contingency fee basis, meaning they only get paid if you win your case.

8. Filing a Claim

  • Claim Form: To file a car accident claim in New Jersey, you’ll need to complete and submit a claim form to the at-fault driver’s insurance company.
  • Relevant Information: Be sure to include all relevant information, such as the date and location of the accident, a description of the accident, and a list of your injuries and damages.

9. Negotiate a Settlement

  • Negotiation: Work with your attorney to negotiate a settlement with the insurance company.
  • Confidence: By gathering information, reporting the accident, notifying your insurance company, hiring a personal injury attorney, filing your claim, and negotiating a settlement, you can navigate the claims process with confidence and recover from the financial and emotional toll of a car accident.

Key Takeaways:

  • Safety First: Prioritize your safety and the safety of others at the accident scene.
  • Report the Accident: Notify the police and your insurance company promptly.
  • Gather Evidence: Document the scene and collect all relevant information.
  • Seek Medical Attention: Get a medical evaluation, even if you feel fine.
  • Know Your Rights: Understand New Jersey’s no-fault insurance system and your right to sue.
  • Consult an Attorney: Consider hiring a car accident lawyer to protect your interests.

By following these steps, you can protect yourself and navigate the aftermath of a car accident in New Jersey with greater confidence.