Car accidents are unexpected and often overwhelming. Knowing what to do immediately after an accident can significantly improve your safety, protect your rights, and simplify any legal or insurance issues that may arise later. In New Jersey, specific legal requirements and protocols are in place that every driver should follow after a car accident.
What to Do Immediately After a Car Accident
This guide outlines the steps to take after a car accident in New Jersey to protect yourself, both physically and from a legal perspective.
1. Check for Injuries and Ensure Safety
Immediately after an accident, check yourself and others for injuries. Call 911 if anyone is hurt. Even if injuries seem minor, seeking medical attention is important, as some issues may not appear immediately. If possible, move your vehicle out of traffic and turn on your hazard lights to prevent further incidents.
2. Contact the Authorities
New Jersey law requires you to report any accident that results in injury, death, or property damage over $500. Call the police to file an official report. This report will be critical for insurance claims and any legal actions. If the police cannot respond, you must file a report with the New Jersey Motor Vehicle Commission within ten days if damages exceed $500.
3. Collect Evidence
Document the scene if you are physically able. Take photos of damage, injuries, road conditions, and anything else relevant to the accident. Gather witness information and write down the details of the accident, including time, location, and weather conditions. Avoid making statements that could be interpreted as admitting fault.
4. Exchange Insurance and Contact Information
New Jersey law requires drivers to exchange contact and insurance information after an accident. Remain calm and professional when doing this. Avoid discussing fault, as any statements made could later impact your claim or legal case.
5. Report the Accident to Your Insurance
Notify your insurance company as soon as possible. Stick to the basic facts and avoid giving detailed statements until you have consulted with a car accident lawyer, especially if you think you may share fault. Insurance companies may try to settle quickly, and accepting their first offer can lead to receiving less than you deserve.
6. Seek Medical Attention
Even if you feel fine, seek medical attention as soon as you can after the accident because some injuries, such as whiplash, may not show symptoms right away. Medical records will be essential for any injury claims, so getting checked out and keeping detailed records of all medical visits and treatments is critical.
7. Understand New Jersey’s No-Fault Insurance System
New Jersey’s no-fault insurance system requires your personal injury protection (PIP) to cover your medical expenses, regardless of who was at fault. However, it is important to understand that PIP does not cover pain and suffering or certain other damages. If your injuries meet the serious injury threshold—such as permanent disability, significant scarring, or disfigurement—you may be able to step outside the no-fault system and file a lawsuit against the at-fault driver.
8. Look for Insurance Subrogation in New Jersey
In some cases, after a car accident, your insurance company may seek reimbursement for the amount paid under your policy. This process, known as insurance subrogation in New Jersey, allows insurers to recover costs from the at-fault driver’s insurer. While this does not impact your settlement directly, it can influence the resolution of your claim. If you receive a subrogation notice, consulting an attorney can help clarify your rights and responsibilities.
Additional Steps to Take After a Car Accident in New Jersey?
After the accident, you will need to work with your insurance company to handle medical bills and vehicle repairs. Taking the correct steps immediately after an accident can help protect your rights and ensure you get the compensation you deserve. If you are unsure about what to do or have questions about what to do immediately after a car accident, consulting a personal injury attorney can help you explore your legal options.
Be Aware of NJ Insurance Settlement Tactics That Can Affect Your Claim
Insurance companies in NJ often use insurance settlement tactics to minimize payouts. Some common strategies include:
- Offering quick but low settlement amounts before you fully understand your injuries;
- Disputing liability, especially in cases where New Jersey comparative negligence applies; and
- Delaying claim processing to pressure you into accepting less.
Understanding these tactics can help you navigate the claim process more effectively and ensure that you receive fair compensation for your losses.
Understand New Jersey Comparative Negligence Laws
New Jersey comparative negligence laws may impact your claim if you are partially at fault. Under these laws, the compensation you can recover depends on your percentage of fault in the accident. If you are found to be more than 50% responsible, you will not be eligible for compensation. However, if you are 50% or less at fault, your recovery amount is reduced in proportion to your level of responsibility.
For example, if you are 20% at fault for an accident and your total damages amount to $100,000, you would be eligible to recover $80,000. This system allocates fault fairly while allowing victims to recover damages when they are not primarily responsible for an accident.
Follow Timelines Set by New Jersey’s Statute of Limitations
If you suffered an injury in a car accident in New Jersey, you have limited time to take legal action. Under New Jersey law, the statute of limitations for filing a personal injury lawsuit after a car accident is two years from the date of the accident. If you fail to file within this period, you may lose your right to pursue compensation for your injuries.
For property damage claims, the statute of limitations is six years from the accident date.
Additionally, if you are filing a claim against a government entity, such as a municipal or state vehicle involved in the accident, the law requires you to file a notice of claim within 90 days of the accident.
It is crucial to act quickly and consult with an attorney to ensure you meet all deadlines and preserve your ability to seek compensation.
Common Pitfalls to Avoid
What happens after a car accident can impact the strength of your case for meaningful compensation. Here are some things you should avoid doing:
- Admitting fault. Even a simple apology could be interpreted as an admission of liability, affecting your insurance claim and any future legal action.
- Not collecting enough evidence. Failing to document the scene or obtain witness information can weaken your case.
- Delaying medical care. Waiting to seek medical treatment can hurt your personal injury claim, as insurers may argue that your injuries are not related to the accident.
- Signing agreements without legal advice. Never sign an agreement or settlement without consulting an attorney, as you could be forfeiting your right to future compensation.
If you have concerns about whether you are doing or saying the right thing, it is vital to contact an attorney. They can guide you on the steps to take after a car accident in New Jersey, and how to navigate the process of pursuing recovery.
Resources
New Jersey Statute § 2A:14-2(a), link.
New Jersey Statute § 2A:14-1, link.
New Jersey Statute § 59:8-8, link.
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