What Should You Do After a Car Accident in New Jersey?
Frequently Asked Questions
Once the dust settles after a motor vehicle crash, those involved often feel unsure about what to do. Should they call 911, even if they feel fine? What about contacting their insurance company or accepting a settlement offer?
At Ellis Law, our experienced New Jersey car accident lawyers have represented clients with every imaginable crash scenario. Our expansive knowledge base is built on years of experience, comprehensive legal knowledge, and a commitment to guiding clients through every phase of the legal process.
It comes down to this: You have questions, and we have answers to get you started. Let’s address the most immediate inquiry first.
Q: What Should I Do Immediately After a Car Accident in New Jersey?
A: First, prioritize safety. Move your vehicle to a safe location if possible and check for injuries; contact local authorities to report the crash, even if the incident seems minor. Remain at the scene and wait for them to arrive. In the meantime, if possible, gather contact information, license plate numbers, and insurance details from all drivers involved. Take photos of vehicle damage, the surrounding area, and any road hazards. If witnesses are present, ask for their names and phone numbers.
While speaking to others, avoid admitting fault or making statements that could be used later against your claim. Cooperate with law enforcement and obtain a copy of the police report or the officer’s card with the incident number.
Q: Should I Seek Medical Attention Even If I Feel Fine?
A: Yes. Some injuries do not present immediate symptoms. Whiplash, internal bruising, or concussions may develop over the hours or days following an accident. A medical evaluation provides documentation of any physical harm and creates a link between the injury and the incident. Keep copies of all diagnoses, treatment plans, and medical bills.
Q: When Should I Contact a Lawyer After a New Jersey Car Accident?
A: We suggest contacting our New Jersey car accident lawyers shortly after the accident, especially if there were injuries, significant damage, or disagreements about liability. We can explain how insurance claims work in New Jersey and help preserve important evidence. Even if you have already reported the crash to your insurer, our team can review the situation and identify if additional legal steps are appropriate.
Q: What Is the Statute of Limitations for Filing a Car Accident Lawsuit in New Jersey?
A: In New Jersey, most personal injury claims arising from car accidents must be filed within two years of the date of the incident; property damage claims (including vehicles) have a six-year time limit. Filing after the deadline typically results in dismissal of the case. It is important to track these dates and take legal action within the permitted timeframe.
Q: Should I Notify My Insurance Company Right Away?
A: Yes. Most auto insurance policies include a clause requiring prompt notice of an accident. Contact your insurer and provide the basic facts of the incident. You do not need to give a detailed statement or accept any settlement offers without reviewing them first. We advise speaking with our New Jersey car accident lawyers before signing anything.
Q: Does New Jersey Have a Comparative Negligence System?
A: Yes. You can recover damages as long as you are not more than 50 percent responsible for the accident. If you are found partially at fault, your compensation may be reduced in proportion to your share of the blame. For example, if you are 30 percent responsible, any awarded damages would be reduced by 30 percent.
Q: What Is the Difference Between a Limited and an Unlimited Right to Sue?
A: New Jersey drivers select either a “limited right to sue” or “unlimited right to sue” option when purchasing auto insurance. The limited option restricts your ability to file a lawsuit unless your injuries meet certain thresholds, such as permanent disability or disfigurement. The unlimited option allows you to pursue compensation regardless of the injury’s severity.
Q: What Types of Compensation Might Be Available After a Car Accident?
A: If another driver is legally responsible for the collision, you may be entitled to compensation for a range of damages. Our New Jersey car accident lawyers help clients pursue reimbursement for medical expenses, lost wages, pain and suffering, and vehicle damage. In more serious cases, long-term care costs or reduced earning capacity may also be considered.
The actual compensation depends on the nature and extent of your injuries, documentation of losses, and applicable legal standards.
Q: What If the Other Driver Does Not Have Insurance?
A: New Jersey requires drivers to carry uninsured motorist (UM) coverage as part of their auto insurance policy. If you are injured in a crash caused by an uninsured driver, you can file a claim under your own UM policy. This coverage is also available in hit-and-run accidents.
Q: Do I Still Have a Claim If I Was a Passenger?
A: Passengers who are injured in car accidents can seek compensation from the drivers who caused the collisions. This may involve filing a claim against the at-fault driver’s insurance policy or, if necessary, pursuing a lawsuit. In some situations, passengers may file claims under multiple insurance policies, depending on who was involved.
Q: How Long Does It Take to Resolve a Car Accident Claim?
A: There is no standard timeframe for resolving a car accident claim, but our New Jersey car accident lawyers try to streamline the process when possible. Some cases are settled within a few months, while others may take longer due to the extent of injuries, disputes over fault, or negotiations with insurance companies. If the case proceeds to litigation, the timeline can extend further depending on the court’s schedule and the complexity of the case.
Q: Why Should I Avoid Discussing the Accident on Social Media?
A: Statements made online, including photos and descriptions of the accident or your condition, may be used by insurers or defense attorneys to question your claims. Even seemingly harmless updates can be taken out of context. It is wise to limit what is shared publicly and avoid commenting about the incident until the legal process has concluded.
Our Knowledgeable New Jersey Car Accident Lawyers at Ellis Law Are Here to Answer Your Questions
You deserve clear answers and informed representation, so reach out to our New Jersey car accident lawyers at Ellis Law today. For a free consultation, call 732-308-0200 or complete our online form. Located in Freehold, New Jersey, we serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City.
