If you have been involved in a car accident in the State of New Jersey, you will undoubtedly have many questions. Should I call the police even if it’s a minor accident? Should I go to the hospital if I only have a minor injury?
The following is a practical guide for what to do after a car accident in NJ. Even if you do not think you have a legal claim or the accident was your fault, there are certain steps after a car accident in New Jersey that you should take to preserve your legal rights. Liability in a car accident is never clear-cut. Furthermore, many people make critical mistakes that end up affecting their right to bring a lawsuit. Don’t be one of those people: If you are involved in a car accident, follow this car accident checklist NJ and speak to a New Jersey car accident attorney at Kotlar Cohen immediately.
Step 1: Check for injuries/call 911
The first thing to do is to check to see whether you or one of your passengers has been injured. When you are initially in an accident, often the adrenaline that is released into your body masks any injuries that have occurred. Check to see if you have any bruising, bleeding, or swelling. If there are minors in your vehicle, check them as well. If it is safe, exit the vehicle and make sure you can walk with no pain.
The next step after a car accident in New Jersey is to immediately call 911 for assistance, even if it is a minor accident. Under N.J.S.A. 39:4-130, you must report any accident resulting in injury, death, or property damage over $500. The 911 operator will ask if there are any injuries. Even if you think there are no injuries, tell the operator that you are not sure and to send EMS.
If feasible, you may then check to see if the other driver and occupants are injured as well. If the other driver is angry or upset, do not engage. Simply wait in your car for the police to arrive.
Step 2: Don't admit fault
When the police arrive, it is important not to admit fault to the police officer. Do not lie. However, if you make statements admitting that you were in the wrong or that you caused the accident, then you could be damaging any future legal case that you have. Even if you believe that you are at fault, that might not be the case. The other driver could have been speeding or engaging in distracted driving. The question of fault in an accident is complex, and a statement that you were the cause of the accident may not be accurate.
This advice is especially true if you speak to the other driver. Do not engage in lengthy conversations with the other driver. Simply ask if he or she is injured and then call 911 if you have not already done so. Debating who caused the accident is never a good idea and could only lead to unfortunate outcomes.
Step 3: Document the scene
If you are able, it is vitally important to document the scene. Take as many pictures as possible of your vehicle, the other vehicle, and the location where the accident took place. Take pictures not only of damage to the vehicles, but also of areas where damage is absent. Take pictures of any visible injuries you sustained, such as cuts, bruising, or swelling.
It is often a good idea to take a video or videos of the accident scene. A video, as opposed to pictures, adds perspective and can aid in the evaluation of the cause of the accident.
Step 4: Exchange information
Once the police have arrived at the scene and taken your information, you should exchange insurance information with the other driver. The easiest way to do this is to take a picture of his or her insurance card. It is not necessary to exchange personal information such as home addresses or phone numbers.
If the accident is minor and the other driver wants to handle the damages outside of insurance, politely decline. You do not want to get into a situation where you are negotiating with an individual as opposed to an insurance company. Delaying making a report to the insurance company could have negative consequences for your claim, and may deprive you of legal remedies you would otherwise have.
Step 5: Seek medical attention immediately
Even if you do not think you are injured, you should always seek medical attention. It is extremely common for injuries to arise days, weeks, or even months after an accident has occurred. What you think is minor pain may linger or worsen following an accident. Even minor pain can be the sign of an underlying issue that, without treatment, may significantly progress.
Engaging in everyday activities following the accident may cause a condition to worsen. This is especially true when it comes to back and neck injuries, which are common injuries in automobile accidents. A minor ache can develop into something chronic and debilitating without proper treatment.
We strongly advise you to be evaluated at the scene by trained EMS professionals and, if there is any doubt whatsoever, transported to the hospital for further evaluation. At a hospital, they will check for hidden injuries that can only be detected by diagnostic tools such as X-rays, MRIs, and CT scans.
Step 6: Report to your insurer
As soon as you are released from medical care, call your insurance company immediately. You should report the accident to your insurance company even if you believe that the accident wasn’t your fault and the other driver has admitted responsibility. A delay in making a claim could be used against you by the insurance company if there is a later dispute as to liability. New Jersey is a no-fault insurance state, meaning your own Personal Injury Protection (PIP) covers your medical bills regardless of who caused the accident. Report the claim immediately to activate your PIP benefits.
Step 7: Don't sign anything from the other driver's insurer
Often, the other driver’s insurance company will contact you and ask you to sign a document. They may claim that signing the document is the only way that you will be able to get paid. NEVER sign a document from an insurance company without having it reviewed by an attorney. You may be waiving important legal rights in doing so or forfeiting future payments and damages for pain and suffering or reimbursement for medical expenses.
Step 8: Contact Kotlar Cohen
Contact Kotlar Cohen at (856) 751-7676 as soon as possible after the accident. Kotlar Cohen will evaluate your case and provide further valuable advice and guidance about how to maximize your recovery and give you the justice that you deserve.
FAQs
Q - Do I have to call the police after a car accident in NJ?
A – Yes, under N.J.S.A. 39:4-130, you must report any accident resulting in injury, death, or property damage over $500.
Q - What if I feel fine after the accident — do I still need a doctor?
A – It is common not to have symptoms immediately after an accident, even if you are seriously injured. You should always be evaluated by a qualified medical professional.
Q - How long do I have to file a claim in NJ?
A – Subject to certain exceptions, under N.J.S.A. 2A:14-2 the statute of limitations in New Jersey for an auto claim is 2 years.
Q - What if the other driver was uninsured?
A – If the other driver is uninsured, you can make a claim through your insurance company under the uninsured motorist section of your policy. Your PIP coverage also covers medical expenses regardless of who is at fault.
Q - Should I accept a settlement from the insurance company?
A – Never accept a settlement from an insurance company without speaking to Kotlar Cohen.
Call Kotlar Cohen Today For Justice
Kotlar Cohen – The People First Lawyers have been helping injured workers with their New Jersey personal injury claims since 1995. We work tirelessly for our clients to ensure you receive medical care, financial compensation, and justice, regardless of an adjuster or insurance carrier’s claim denials.
Located in Mount Laurel, we have been serving Southern New Jersey since 1995. If you were injured in an auto accident, contact our law firm to schedule a free consultation or call us 24/7 at (856) 751-7676.