What Should I Do Immediately After a Car Accident in New Jersey?

After an automobile accident in New Jersey, take these seven steps in order:

1. Check everyone at the scene for injuries and move to safety, if possible.
2. Call 911 to report the crash and request police and medical assistance, if needed.  
3. Exchange insurance and contact information with the other drivers.
4. Document the scene with photos and identify witnesses, if you can do so safely.
5. If you are injured, seek medical treatment. 
6. Report the accident to your own insurance company promptly.
7. Speak with a personal injury attorney before giving a recorded statement to any insurance company or signing anything.

The sections below explain why each step matters and what New Jersey law requires.

Is New Jersey a No-Fault State?

While most people are aware that New Jersey is a “No Fault” state, not everyone knows what that actually means.  New Jersey is a "No Fault" automobile insurance state pursuant to the Automobile Insurance Cost Reduction Act (AICRA), codified at N.J.S.A. 39:6A.  This means that regardless of who was at fault for causing an automobile accident to occur, each person’s automobile insurance company is responsible for paying their own accident related medical expenses.  The portion of your automobile insurance policy that covers these expenses is called “Personal Injury Protection” or otherwise known by the acronym, P.I.P.  Your P.I.P. coverage is responsible for paying your medical expenses which are reasonable, necessary and causally related to your accident.   It may also pay for other accident related expenses such as essential services or a portion of your lost wages.  Additionally, when you purchase or renew your automobile insurance policy, you are required to select something called your “tort threshold.”  Your tort threshold controls whether or not you have a restriction or limitation on your right to bring a claim against the at fault driver.  If you chose the “No Limitation on Lawsuit” threshold, there is no minimum injury requirement that you need to meet in order to be eligible to bring a claim.  Alternatively, if you select the “Limitation on Lawsuit Threshold,” you can only bring a claim if your injuries meet one of six (6) different categories.       

What Information Should You Collect at the Scene?

• The other driver's name, contact information, address, driver's license number, and license plate
• The other driver's insurance company and policy number
• Names and contact information for any witnesses
• Photographs of vehicle damage, road conditions, traffic signs/signals, and any visible injuries
• The responding officer's name/badge number and the police report or incident number

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Should You Talk to the Other Driver's Insurance Company?

As a general rule, it is always recommended that you speak to an experienced attorney in order to find out what your legal rights are before talking with representatives of the other driver’s insurance company.  It is important to understand that while you have a contractual obligation to cooperate with your own insurance company, the interests of the other driver’s insurance company are oftentimes quite different than yours.  While there are many different ways to say the same thing, adjusters are often trained to ask you questions in a manner specifically designed to minimize your damages or otherwise make it appear that the accident was your fault.  They will likewise go to great lengths to attempt to obtain a recorded statement from you before you have had a chance to speak with legal counsel.  As a result, we recommend that you not do so.          

When Should You Contact a Lawyer After a Car Accident?

As a general rule, it is recommended that you speak to an attorney that specializes in the handling of your particular type of case as soon as is practical.  It is never too early to find out what your legal rights are, thereby allowing you to make educated decisions. Attorneys may be able to explain how to process your medical bills, as well as how to get your vehicle repaired.  You should definitely do so before giving any written or recorded statements and before signing any settlement offer or medical authorization from an insurance company.  Once you sign a release or accept a settlement, that decision is typically final, even if you later discover that your injuries are more serious or costly than they first appeared. 

Early legal guidance is especially important if there are injuries, disputed fault, or if the other driver's insurer contacts you quickly after the crash, which often signals they're trying to resolve the claim before you know its full value. A brief consultation before you sign anything costs nothing to explore and keeps your options open if the situation turns out to be more complicated than it first appeared. You do not want to accept a settlement that is less than you deserve. 

Frequently Asked Questions

Do I need a police report if there's no visible damage?

It is always a good idea to call the police and obtain a police report. Some injuries and vehicle damage aren't apparent immediately and a police report creates an official record of the crash, the parties involved, and the circumstances, which can matter later.

What if I feel fine at the accident scene, but I'm sore the next day?

Some injuries may not produce noticeable symptoms right away, especially when combined with the rush of adrenaline oftentimes associated with being involved in a motor vehicle collision.  It is not uncommon to feel worse the following day, and some injuries are progressive in nature and will manifest themselves in the following days.  If you are experiencing accident related symptoms, it is recommended that you see a physician in order to get checked out and make sure that your injuries are not more serious than you originally believed.  Some injuries become more difficult to treat, and may even be irreversible, if not addressed in a timely manner. 

How long do I have to file a claim in New Jersey?

New Jersey's general statute of limitations for personal injury lawsuits is two (2) years from the date of the accident (N.J.S.A. 2A:14-2), although there may be shorter times frames required for filing claims against public and/or governmental entities.  Additionally, certain extenuating circumstance may extend that required time period, such as your being incapacitated or otherwise lacking certain knowledge.   If you have any questions concerning which time limit applies to your particular case, it is strongly recommended that you speak with an attorney.  Unfortunately, your ignorance of the applicable law will not extend these required time periods.  

What if the other driver cannot be identified, does not have insurance or otherwise does not have enough coverage?

Automobile insurance policies in New Jersey provide Uninsured and Underinsured Motorist (UM/UIM) coverage.  These coverages protect drivers (and certain other individuals) when they are involved in a motor vehicle accident with another driver who leaves the scene and cannot be identified, or otherwise does not have insurance coverage or lacks sufficient coverage to fully compensate you for your injuries.  The amount of coverages available, as well as well as their applicability, may depend upon your individual policy selections.  

Should I move my car before the police arrive?

There are conflicting opinions on this topic.  Some individuals recommend that you not move either vehicle before the police arrive.  The reasons for this position include the fact that not only does this potentially alter evidence at the scene of the collision, but that you may not be able to do so safely.  Alternatively, others believe that leaving damaged vehicles in the roadway may present an unnecessary hazard to other drivers in the area.  While this decision requires a careful case by case evaluation, the police can serve as an excellent source of guidance.  Regardless of whether or not you move your vehicle, always be sure to activate your vehicles hazard signals and utilize any other warning signs that are available, such as road flares.  

Do I have to accept the insurance company's first settlement offer?

No. You're not obligated to accept any offer, especially an early settlement offer.  Quick settlement offers are sometimes made intentionally in order to try and get you to settle your claim before you have a chance to fully understand the nature and extent of your injuries or damages.  It is reasonable to have an attorney review any settlement offer before you make a decision on whether or not to accept it.

If you've been hurt and have any questions about your legal rights, contact Levinson Axelrod, P.A. for a free, no-obligation case review.