Common Misconceptions about Car Accidents

When you’ve been involved in a New Jersey car accident that results in injuries it is important that you understand your rights and the process of getting compensated for your losses. While a car accident attorney can help you to file a claim and seek damages, here are a few common misconceptions about car accidents that you should keep in mind:

1. Your only option is to sue the other driver.

Many people assume that if they’ve been involved in an accident with another driver in New Jersey, they can only sue the negligent driver.  However, this is not always the case especially when the other driver turns out to be uninsured or has zero liability coverage.  Under those circumstances, your own insurance policy has “uninsured motorist coverage” or if the negligent driver has the minimum coverage of $25,000 and you or your host vehicle had more, then you can make a legal claim against those insurance companies up to their policy limits.

2. Your insurance adjuster is always on your side.

When you file a claim with the insurance company, you may assume that the insurance adjuster is looking out for your best interests. Unfortunately, the opposite is almost always true — the insurance adjuster is most likely looking out for the best interests of the insurance company. Those interests are best served by paying as little as possible in claims.

Be extremely careful in what you say to your own insurance carrier.  The insurance adjuster may misconstrue what you say as an admission of fault, use it to try to disprove your injuries or rely on it to offer you a lower settlement amount than what you really deserve.

3. A car accident attorney is unaffordable.

Two common misconceptions about car accidents are this: You do not need a car accident attorney, and even if you did need one, car accident attorneys are way too expensive. These are both myths.  A car accident attorney will generally greatly improve the chances of your car accident claim being resolved in your favor. A lawyer will advocate for you during the entirety of the process.

Furthermore,  a car accident attorney will likely represent you on a contingency fee basis. This means that the attorney will only get paid if and only if your case is successful. If you receive a settlement amount, the attorney will be entitled to a percentage of that amount, which is agreed upon at the start of the representation. If your case is not won, then the attorney will not be paid.  The Supreme Court of New Jersey regulates contingency legal fees as set forth in New Jersey Court Rule 1:21-7.

When you have been in a car accident, contact an experienced New Jersey car accident attorney to help you make sense out of the common misconceptions about car accidents.  At Davis, Saperstein & Salomon, P.C., our car accident attorne understand that your injuries are unique in how they affect you personally.  We will set up your claim, help you find qualified physicians to help you heal and we will make sure they get paid.  We will investigate your case and prove you’re your injuries were caused by the negligent driver.  We are proud to put the “personal” in personal injury.  However, here is some free legal advice.  Hire an experienced car accident lawyer as soon as possible to protect your rights and to prosecute your claim.  Time may be running out to file your claim, valuable evidence may be lost, so contact us as soon as possible. You can schedule your free case consultation today in person, on Zoom, FaceTime, of by phone.

4. I have limited Tort and I can not sue

If you have purchased no-fault car insurance, then you must file a claim for your medical bills with your own insurance company, or if you have no insurance and you live with a blood relative that has car insurance then your  relative’s  insurance carrier pays your medical bills regardless of fault.

Many people wrongly believe that you are barred from filing a lawsuit against the other driver unless the injuries that you have suffered are determined to be “serious.”  This is not true, what is true is that you must suffer at least one permanent injury such as a broken bone, a scar, torn cartilage, or a ruptured or herniated spinal disc. An experienced car accident lawyer can usually get around the limitation of lawsuit threshold you purchased.   Also, if your injuries were caused by a commercial vehicle such as a truck, bus or tractor trailer then you have what is known as a zero threshold and all injuries, even if temporary qualify for compensation.