What To Do After a Car Accident in New Jersey

Reviewed by Daniel P. McNerney

Accidents are an unfortunate reality of life. In fact, the United States sees about 6 million car accidents annually, resulting in roughly 3 million injuries—2 million of which are permanent—and approximately 90 fatalities every single day. This is why it is important to know what to do in these situations so that you are prepared. The scene of a car accident can be very frightening. However, it is important to try and stay calm during this time. This allows you to focus on the problem at hand to ensure the best outcome possible.

What Should I Do Immediately After an Accident in Bergen County?

Following a collision in Bergen County, it’s important to remain calm. Though this can be a stressful and scary situation, there are critical steps you’ll need to take to protect your right to compensation.

Call the Police

It is crucial to contact law enforcement after an accident, even if the other party involved tells you otherwise. When law enforcement is on the scene, they can ensure your safety as well as that of others by directing traffic around the wreckage. In addition to this, they can draft an official police report of the accident, which is beneficial for your claim and insurance report. Similarly, they will take statements from witnesses and conduct any necessary chemical tests.

Seek Medical Attention Immediately

After an accident, medical attention should be sought immediately. This is even the case if you feel fine at the moment. This is because it is possible to sustain an injury without realizing it and experience symptoms at a later time. While emergency responders sometimes conduct examinations on the scene, it is important to still see a doctor for an official diagnosis. This can document all important information regarding your injuries, including their precise origin and extent, which will serve as critical proof to bolster your personal injury claim.

Gather and Preserve Evidence at the Scene

Collecting information at the scene of the accident is critical. If you choose to pursue a claim for compensation, you’ll find that the burden of proof falls on you. As such, you’ll need evidence to help support your claim that the other driver was negligent.

Photo or Video of the Wreck

If the scene of the accident is secure and safe to walk around, taking pictures and videos of the wreckage can be beneficial. You should capture the following:

• Damage to all of the vehicles involved
• Any visible injuries you have sustained
• The location of the crash
• Road conditions and contributing hazards

Record Important Details
It is crucial that you gather all important pieces of information before leaving the scene of an accident. You should not assume that this will be done by law enforcement. Instead, be proactive and collect it on your own. This can consist of:

• • The insurance and contact information of the drivers involved
  • Witness contact information, which is crucial to your claim, as these unbiased third parties may be able to corroborate your account of events
  • A copy of the police report

• Surveillance or dashcam footage of the accident as it happened (if available, though dishonest drivers may deny you access, a skilled attorney can subpoena this footage on your behalf

What Actions Should I Avoid After a Crash?

While there are a number of steps that you should take, there are quite a few actions you should avoid following an accident. This can help protect your rights and your claim if you choose to file.

Do Not Apologize

Often, it’s an instinct to apologize to someone after a collision, even if you were not at fault. However, it is important to avoid doing so. This is because an apology can sometimes be seen as an admission of fault for your involvement in the accident. Instead of apologizing, it is important to remain polite, ask if they are okay, and contact the necessary emergency services. This ensures that you avoid discussing liability altogether.

Do Not Refuse Medical Care

Though you may feel okay, as mentioned, you should still seek medical care following an accident. Failure to do so can weaken your claim. The negligent party and their insurer may allege that your injuries must not be serious if you failed to seek treatment, or that you are responsible for your injuries since you delayed medical care.

Do Not Leave the Scene Early

It’s important to understand that you should not leave the accident scene before you are instructed to by the police. Doing so can result in a hit-and-run offense, which is considered a crime under NJ Rev Stat § 39:4-129.

How Long Do I Have to File a Car Accident Claim in New Jersey?

If you have been injured in an accident in Hackensack, Ridgewood, or the surrounding towns, it’s important to take action quickly. In New Jersey, you only have two years from the date of the accident to file a claim against the driver responsible. While this may seem like a long time, the sooner you file a claim, the better it can be for your case. Failing to file within this two-year window generally means permanently losing your opportunity to recover compensation. This strict timeline also applies to other personal injury actions, including slip-and-fall injuries, product liability cases, dog bites, and wrongful death lawsuits.

What are the common causes of car accidents in New Jersey?

There are a number of different ways that a car accident can occur. In some cases, these accidents are a result of poor road conditions, inclement weather, such as sudden snowstorms, faulty car parts, or hazards like wildlife running into the road. However, most car accidents are caused by driver negligence. The most common forms of negligence include the following:

• Driving while drowsy or fatigued, like falling asleep while driving
• Distracted driving
• Texting while driving, which is unfortunately the most serious risk on the road that drivers encounter
• Driving under the influence of drugs or alcohol (which drastically reduces vehicle control and frequently results in devastating head-on collisions from crossing double-yellow lines)
• Driving aggressively or recklessly
• Eating or smoking while driving
• Excessively speeding, which is a considerable factor in many collisions, especially rear-end accidents
• Failing to comply with traffic lights, signs, and other rules of the road

Understanding New Jersey Auto Insurance and Liability Laws

Drivers in New Jersey should familiarize themselves with how auto insurance in the state works.

What is PIP (Personal Injury Protection)?

New Jersey is a no-fault accident state. This means that drivers, regardless of who is at fault, are responsible for filing a claim against their own auto insurance. As such, all drivers in New Jersey are required to carry Personal Injury Protection (PIP) insurance. Unfortunately, this coverage is rarely enough to compensate all damages, especially for those who have sustained serious injuries requiring complex and extensive care. If your damages exceed that of your PIP coverage, you will need to consult a skilled attorney to help you recover the remaining compensation from the negligent driver.

Can I Sue for a Car Accident That Was Partially My Fault?

Yes, if you were partially responsible for an accident, you will still be eligible to seek compensation under New Jersey’s “comparative negligence law.” Essentially, this means that you are still allowed to pursue damages from the other driver’s insurance, though your compensation will be reduced by your assigned percentage of fault in the accident. For example, if you are determined to be 25% at fault but awarded $100,000 in damages, your compensation would be reduced by 25%, making your award $75,000.

What Should I Do If the Other Driver Is Uninsured?

If you are struck by an uninsured or underinsured motorist, the claims process becomes more complex, but you are not without options. You can seek compensation through your own Uninsured/Underinsured Motorist (UM/UIM) coverage. This policy structure is designed to step into the shoes of the at-fault driver’s missing insurance to cover your medical expenses and property damage up to your chosen policy limits. However, time is strictly of the essence: many auto insurers mandate that you file an uninsured motorist claim within 30 days of the crash. If you lack UM coverage entirely, the collision portion of your standard policy may pay for vehicle damage, but it will not cover your medical treatments.

What Happens If I’m Injured as a Passenger in a Friend’s Car?

Passengers injured in accidents often worry about the social awkwardness of taking legal action, especially if their friend was the driver at fault. It is important to know that in almost all cases, you are not suing your friend directly or attempting to take their personal assets; rather, your attorney is filing a claim against your friend’s auto insurance policy. This allows you to get your mounting medical bills paid without financially harming your friend.

What Happens If I’m Injured in an Uber or Lyft?

As rideshare services become more and more standard, it’s important for users to understand what happens in the event they are in a collision while utilizing these services. In general, coverage is tiered, ultimately depending on the status of the ride as logged in the app.

• Period 0 (App Off): The driver is not logged into the app. Uber and Lyft provide zero coverage; the driver’s personal auto policy applies.
• Period 1 (App On, No Match): The driver is logged in but has not accepted a ride request. Uber/Lyft provides third-party liability coverage up to $50,000 per person, $100,000 total injury liability per accident, and $25,000 for property damage.
• Period 2 (Match Accepted): The driver has accepted a fare and is actively driving to pick them up. The corporate liability coverage drops in and scales up to $1 million.
• Period 3 (Passenger in Vehicle): A passenger is inside the car. The rideshare platform provides full corporate coverage of up to $1 million in liability protection, alongside limited uninsured motorist coverage.

How Long Does a Car Accident Lawsuit Take to Resolve?

Unfortunately, the timeline of an injury claim depends heavily on the complexity of the accident. When liability is straightforward, like a clearly documented collision caused by a driver operating under the influence, a settlement may be reached within months. However, if fault is disputed or your case proceeds to trial, resolution may take at least a year, if not longer.

Luckily, the majority of personal injury cases, including car accident claims, are successfully setled through pre-trial negotiations without ever having to attend a court hearing. Though our primary goal is to help you recover the compensation you deserve as quickly and efficiently as possible, taking a case to trial can drastically and positively maximize your ultimate recovery if an insurance company refuses to settle the matter.

Can I Recover Compensation After My Injury?

You may be entitled to financial compensation if you were injured as a result of another party’s negligence. However, in order to recover compensation, you will have to show proof of negligence. If you are able, be sure to take the necessary steps outlined above after your accident.

If you are preparing for an initial consultation with our experienced injury law firm, gathering as many of the following items can help keep your meeting organized and efficient:

• Photos or videos taken at the scene of the collision
• A detailed, recorded account of your memory of the collision, including the moments before, during, and after
• All medical records, imaging results, test records, physician notes, prescriptions, and treatment plans
• Information about your auto insurance coverage
• Your auto insurance policy details
• All communications, including texts, emails, or letters, between you and the other driver or their insurance company
• The formal police report obtained after the collision

The more foundational evidence you can provide from day one, the more effectively we can build, analyze, and launch your injury claim.

Do not hesitate to reach out to our firm today if you were injured in a car accident as a result of another’s negligence. Our skilled Bergen County auto accident attorneys are on your side and will fight for you and your rights.

CONTACT OUR EXPERIENCED NEW JERSEY FIRM

Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you. Our firm has decades of combined experience, meaning we are ready and willing to help you fight for the justice and compensation you deserve if you have suffered injuries.