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How to Prove You Are Not at Fault in a Car Accident in New Jersey

Home > How to Prove You Are Not at Fault in a Car Accident in New Jersey
Nov 21, 2024 | Petro Cohen | Read Time: 3 minutes

You have just been in a car accident, and the shock is settling in. Even though you were not at fault, you now must navigate the aftermath of this unfortunate event. What do you do? How do you protect your rights and ensure you receive the compensation you deserve?

You have the power to turn this situation around. A car accident attorney in New Jersey can guide you through the process and help you understand your legal rights better. 

Immediate Steps to Take After an Accident in New Jersey

If you are not at fault in a car accident, acting quickly and decisively is crucial. In New Jersey, here are the essential steps you should take:

  • Stay at the scene. Never leave the accident site until you can call the police and obtain contact information for all involved parties.
  • Call the police. Report the accident to local authorities. A police report is vital for documenting the incident and establishing facts.
  • Exchange information. Collect names, addresses, and insurance information from all parties involved, including witnesses. This information will be necessary to support your claim.
  • Document the scene. Take photos of the accident scene, vehicle damage, and visible injuries. Visual evidence is invaluable.
  • Seek medical attention. Even if you feel fine, some injuries might not be immediately apparent. A medical record is essential for your case.
  • Notify your insurance company. Inform your insurer about the accident. Be cautious with your statements—stick to the facts without assigning blame.

Your attorney helps you take these steps to build a strong foundation for your case as you move forward. 

Understanding New Jersey’s No-Fault Insurance Laws

Navigating the complexities of insurance is daunting, especially when it comes to who determines the fault in a car accident. New Jersey operates under a no-fault insurance system, meaning that your insurance pays for your medical expenses regardless of who was at fault for an accident. This system also includes comparative negligence laws allowing for shared fault scenarios. Here are some key concepts of New Jersey’s legal landscape:

  • No-fault insurance. This means that, regardless of fault, your insurance covers your medical expenses and lost wages up to a specific limit.
  • Comparative negligence. If both parties share some blame, the court may reduce your compensation based on your percentage of fault.
  • Limited vs. unlimited right to sue. In New Jersey, you choose between two types of coverage. A limited right to sue restricts your ability to file lawsuits unless you suffer serious injuries, while an unlimited right allows you to sue regardless of injury severity.

Understanding these laws empowers you to make informed decisions about your case. An experienced attorney can help you make sense of these concepts and begin to map a path to recovery.

Types of Damages You May Recover

Knowing what damages you can claim is essential if you find yourself involved in a car accident that was not your fault. Here is a breakdown of some of the types of damages you may recover:

  • Medical expenses. Medical expenses include hospital visits, surgeries, rehabilitation, and ongoing treatment.
  • Lost wages. If your injuries prevent you from working, your attorney helps you claim compensation for lost income, including future earnings.
  • Pain and suffering. You may seek compensation for physical pain and emotional distress caused by the accident and your injuries.
  • Property damage. You may recover costs for repairing or replacing your vehicle and any personal property damaged in the accident.

Understanding these types of damages helps you advocate for what you deserve while navigating the recovery process. Arming yourself with the correct information and support enables you to take control of your situation and emerge victorious in your journey toward justice.

Contact Us 

At Petro Cohen, we are well-known and respected for our long record of success in personal injury and workers’ compensation cases. With over 200 years of combined experience, we are dedicated to providing personalized service to all our clients and achieving optimal results in each case. We understand the financial strain you may be experiencing. That is why we never charge a fee unless we secure a settlement or judgment in your case. Contact us today by phone or email to schedule a free consultation and learn how Petro Cohen can help get you on the path to a brighter future.

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