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 car accident liability and your legal rights.
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 which is defined by statute and includes, death, dismemberment, significant disfigurement, a displaced fracture, loss of a fetus and a permanent injury to a body part or organ which means it has not healed to function normally and will not heal to function normally with further treatment. Insurance carriers take very hardline positions when determining whether an injury is considered “permanent” in nature. It is always recommended that you select the NO THRESHOLD, which affords you an unlimited right 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.
Proving a Car Accident Was Not Your Fault in New Jersey
When dealing with the aftermath of a crash, it’s not uncommon to find yourself asking, “How do I prove the car accident was not my fault?” Establishing that you were not responsible is essential for protecting your rights, maximizing your compensation, and shielding your driving record and insurance premiums.
In New Jersey, where no-fault insurance governs most claims for medical bills, fault still plays a role in determining liability for serious injuries, pain and suffering, and property damage. That’s why collecting solid evidence is crucial. Building your case for non-liability starts from the moment the accident occurs.
How Witness Statements Can Support Your Car Accident Case
Eyewitness testimony can be instrumental when disputing fault. A clear, unbiased account from someone who saw the accident unfold can confirm key facts, such as which driver ran a red light or failed to yield. New Jersey courts frequently consider these statements when determining car accident liability.
Essential Evidence to Prove Car Accident Liability
If you want to assert that “the car accident was not my fault,” gather the following evidence immediately:
- Photos and video. Capture damage to all vehicles, road conditions, skid marks, and traffic signs. This visual documentation can refute exaggerated or false claims.
- Police report. The responding officer’s observations may include citations or notes on driver behavior that support your version of events.
- Witness information. Collect the names and contact info of any bystanders who saw the crash.
- Medical records. Seek prompt treatment and keep records of diagnoses and injuries that link your condition directly to the crash.
- Dashcam footage. If available, dashcam video may provide irrefutable evidence of another driver’s negligence.
The more documentation you collect, the stronger your case becomes. The more evidence you have, the more likely you will be to persuade an insurance adjuster, judge, or jury that the car accident was not your fault.
The Role of Medical Documentation in a No-Fault Claim
Under New Jersey’s no-fault (Personal Injury Protection or PIP) insurance rules, medical treatment is covered regardless of fault. But if your injuries are serious, such as permanent disfigurement or significant scarring, you may still sue the at-fault driver. Medical documentation becomes vital in showing the severity of your injuries and whether they surpass the threshold for litigation under New Jersey law.
Steps to Take When the Car Accident Was Not Your Fault
Follow these steps immediately after a crash to strengthen your claim of non-liability:
- Call 911 and remain at the scene until law enforcement arrives;
- Avoid admitting fault or apologizing, even casually, as this may be used against you later;
- Request a copy of the police report once it’s filed;
- Take photos and videos of the scene from multiple angles;
- Get contact and insurance info from the other driver(s);
- Seek medical care as soon as possible, even for minor symptoms; and
- Notify your insurance provider, but do not speculate about fault.
These steps will help create a well-documented, evidence-backed claim showing that the car accident was not your fault.
Why Police Reports Are Critical to Disputing Fault
One of the most powerful tools for establishing car accident liability is the police report. Officers are trained to objectively assess the scene, document damages, and include any citations or suspected violations. This record can be compelling evidence when disputing fault or challenging an insurance company’s determination.
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.
Legal Help Makes the Difference in Car Accident Liability Claims
Insurance companies may attempt to shift blame or undervalue your claim—especially if the situation is unclear. If you believe the car accident was not your fault, working with an experienced attorney can make all the difference.
At Petro Cohen, we don’t just handle the paperwork. We gather key evidence, speak with witnesses, work with accident reconstruction experts when needed, and fight to uphold your rights. Our free consultations allow you to understand your legal options without any risk.
Hire an Auto Injury Lawyer to Fight for Your Rights
Don’t face insurance adjusters alone. An auto injury lawyer can evaluate your claim, represent your interests in negotiations, and, if needed, litigate your case in court. With the right attorney, you significantly increase your chances of proving the car accident was not your fault and recovering the full compensation you deserve.
According to the New Jersey Department of Transportation, there were over 276,000 motor vehicle crashes in the state in 2022, with nearly 60,000 resulting in injuries. In this high-stakes environment, you cannot afford to take chances when proving car accident liability.
Your peace of mind, financial recovery, and future depend on taking the right steps and having a powerful advocate in your corner.
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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