After a car accident, many people expect the insurance company to do the right thing. But when the settlement offer arrives, it often falls short of what is needed to cover medical bills, lost wages, and other damages. Unfortunately, that’s because insurance companies work to minimize payouts rather than offer full and fair compensation right away.
Securing a fair car accident settlement in New Jersey requires more than just submitting a claim. It takes strategic documentation, a clear understanding of the law, and sometimes legal pressure. Knowing what impacts the value of your claim and what steps to take after an accident can make the difference between partial and maximum compensation for a car accident.
Understand the Role of New Jersey’s No-Fault Laws
New Jersey follows a no-fault insurance system. That means your own insurance company pays for your medical treatment and certain financial losses after an accident, regardless of who caused it. This step is handled through Personal Injury Protection (PIP) benefits.
But PIP has limits. It does not cover pain and suffering, and caps how much you can recover for medical expenses and lost income. To pursue a car accident settlement that includes noneconomic damages like pain, emotional distress, or long-term disability, you must meet certain criteria under New Jersey law.
If you selected your insurance policy’s “limitation on lawsuit” option, a common choice to reduce premiums, and if the other driver is a private passenger vehicle, you could only sue the at-fault driver if your injuries meet specific thresholds, such as:
1. Death
2. Dismemberment
3. Significant disfigurement or significant scarring
4. A displaced fracture
5. Loss of a fetus
6. Permanent injury within a reasonable degree of medical probability other than scarring or disfigurement. Any injury shall be considered permanent when the body part, organ or both has not healed to function normally and will not heal to function normally with further medical treatment.
Understanding these thresholds is critical before pursuing third-party car accident compensation beyond what PIP allows.
Account for All Current and Future Losses
To secure the maximum compensation for a car accident, your settlement should reflect not just the bills you have already received but the total impact the crash will have on your life. That includes:
• Past and future medical expenses not otherwise covered by no-fault insurance,
• Lost wages and future earning capacity,
• Pain and suffering,
• Emotional distress or reduced quality of life,
• Cost of transportation to medical appointments, and
• Household help or caregiving if you are unable to perform daily tasks.
Insurance companies often offer fast settlements in the hope that you will accept before understanding the full extent of your damages. If your injuries require future treatment or permanently limit your mobility, those costs should be part of your car accident settlement.
Watch What You Say to Insurers
After you report the accident, the insurance company may ask for a recorded statement or offer a settlement early. Be cautious. Statements like “I’m feeling better” or “I think I’ll be fine” can be used to argue that your injuries are not serious, even if symptoms worsen later. As such, if you are injured and receiving treatment or think you might need treatment, it is strongly recommended not to speak to the insurance company for the other driver.
You are not legally obligated to provide a recorded statement to the other driver’s insurance company. It is often better to contact an attorney and let your attorney communicate with the insurance company.
Do not Overlook Pain and Suffering
Pain and suffering can be one of the most significant parts of a settlement, but also the hardest to calculate. Unlike medical bills or lost income, there is no clear receipt for chronic pain, sleepless nights, or emotional trauma.
Keep a journal documenting your pain levels, emotional state, limitations in daily activities, and any disruptions to your work or family life. This ongoing narrative can add weight to your claim, especially with medical records and professional evaluations that support your pain complaints.
Know When to Push Back
Insurance companies are more likely to offer a fair settlement when they believe you areprepared to go to court. While many claims are settled before trial, the potential for litigation can motivate adjusters to increase their offer.
Sometimes, they may dispute liability or argue that your injuries were preexisting. A well-prepared claim, backed by evidence, expert input, and legal strategy, can often overcome these arguments and lead to better outcomes.
Pursuing the maximum compensation for a car accident is not about being aggressive; it is about being prepared. Whether your injuries are temporary or life-changing, you deserve a settlement that reflects the full impact of the crash.
Speak with an Attorney About Your NJ Car Accident Claim
Navigating a car accident demands attention and strategic planning. You may find it difficult to manage this on your own during your recovery. However, the attorneys at Petro Cohen, P.C. are here to help. To schedule a free consultation, call us or fill out our contact form.
Loading...