FAQs ABOUT NEW JERSEY AUTO ACCIDENT CASES

What should I do immediately after a car accident in New Jersey?

First, make sure everyone is safe and call 911 if anyone is injured. Exchange information with the other driver, take photos of the vehicles and scene if you can, and get contact info from witnesses. Even if you feel “okay,” seek medical attention as soon as possible—some injuries don’t show up right away.

Do I need to report the accident?

Yes. In New Jersey, you must report an accident to the police if there are injuries, a death, or property damage appears to exceed $500. It’s usually best to call the police to the scene so an official report is created.

Is New Jersey a “no-fault” state?

Yes. New Jersey is a no-fault state, which means your own auto insurance policy typically pays your medical bills first through Personal Injury Protection (PIP)—regardless of who caused the accident.

What is Personal Injury Protection (PIP)?

PIP covers medical treatment related to your accident, such as doctor visits, hospital care, rehabilitation, and sometimes lost wages. PIP coverage is mandatory in New Jersey and is usually the first source of payment for medical expenses.

Can I sue the other driver for my injuries?

It depends on your insurance policy. Many New Jersey drivers have a “limitation on lawsuit” (verbal threshold), which restricts lawsuits unless you suffered a qualifying injury (such as a fracture, permanent injury, or significant scarring). If you have a “no limitation on lawsuit” policy, you may have broader rights to sue.

What if the accident was my fault—or partially my fault?

You may still have a case. New Jersey follows a modified comparative negligence rule. As long as you are not more than 50% at fault, you can recover damages, although your compensation may be reduced by your percentage of fault.

How long do I have to file a car accident claim in New Jersey?

Generally, the statute of limitations is two years from the date of the accident for personal injury claims. If you miss this deadline, you may lose your right to recover compensation.

What compensation may be available after a car accident?

Depending on your case, you may be entitled to compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage
  • Future medical care or disability

Every case is different, and compensation depends on the facts and insurance coverage involved.

Should I speak with the insurance company?

You should be cautious. Insurance adjusters may try to minimize your claim or get statements that hurt your case. It’s often best to speak with an attorney before giving a recorded statement or accepting any settlement.

Do I need a lawyer for a New Jersey car accident case?

You are not required to hire a lawyer, but having one can help protect your rights—especially if you’re injured, facing serious medical bills, or dealing with disputes over fault or coverage. An attorney can handle insurance negotiations and help you pursue full compensation.

How much does it cost to hire a car accident attorney?

Most personal injury attorneys handle auto accident cases on a contingency fee basis, meaning you pay nothing upfront and no legal fees unless compensation is recovered.

What if the other driver was uninsured or underinsured?

You may still be covered through your own Uninsured/Underinsured Motorist (UM/UIM) coverage. This can help pay for injuries and damages when the at-fault driver lacks sufficient insurance.

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Watchung Office

475 Watchung Ave, Ste 8, Watchung NJ 07069

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