Car Accident Frequently Asked Questions

People injured in New Jersey automobile collisions and highway accidents caused by the carelessness of others have strong legal rights. But it is crucial to avoid saying anything or doing something that undermines your own case. A person injured in an automobile accident has many critical decisions to make in the days after an automobile crash. It’s important not to make those decisions without experienced counsel. Under the terms of your insurance policy, you are required to give a statement to your own automobile insurance company. But some accident victims make the mistake of speaking to an insurance claims adjustor representing the at-fault driver who caused the accident. You may believe it is okay to talk since you weren’t at fault in the traffic collision. Unfortunately, some people unknowingly hurt their own claims by giving the other driver’s insurance company information they’ll use to deny or minimize their claim.

If you have been in an automobile accident, it’s important to consult an experienced New Jersey personal injury lawyer who is skilled at handling automobile accidents and negotiating with insurance companies. Insurance companies will have experienced accident lawyers representing their interests. You should too. Hiring an experienced NJ auto accident lawyer to stand up for your interests is one of the most important decisions you can make after a serious automobile accident.

For more than 30 years, the skilled car accident attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our law firm, serving all of New Jersey, is highly regarded throughout the New York metropolitan area for the quality of the counsel and legal representation that our personal injury attorneys provide. We are justifiably proud of our record of success in representing more than 30,000 accident victims in cases involving automobile, motorcycle, trucking, pedestrian, construction site and other kinds of personal injury accidents.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

If you’ve been injured in a car accident, NJ law gives you two years from the date of the accident to file a personal injury lawsuit. However, there are cases where this deadline may be shorter or longer. For example, you only have 90 days to file a Notice of Claim if a public entity – such as a city, county, state, police, fire department, sanitation board, or education worker – is at fault.

For the timeline to file an insurance claim, contact your insurance company as soon as possible. The rules of your specific policy will determine how fast you need to act.

The timeline for every car accident case will differ depending on the specific circumstances. However, most personal injury claims in New Jersey can take anywhere from six months to two years to settle. Some cases may take more or less time based on factors such as:

• The severity of your injuries
• The number of at-fault parties
• Disagreement on the cause of the accident
• Whether your case goes to trial
• The insurance companies involved

An experienced car accident attorney can review your case and give you an idea of how long your claim may take to settle.

You must file an accident report with the police within 10 days of an accident if it causes injury, death, or more than $500 in property damage. If you don’t file a police report in time, you can be fined up to $100. Your license may also be suspended or revoked.

After the police report has been completed and approved, you can request a copy in person, online, or by mail.

Some minor insurance claims may be filed without a police report. However, NJ law requires you to file an accident report with the police for all incidents with personal injury, death, or property damage over $500. Police reports can be crucial to defending your claim.

Contacting an attorney is the smart decision whenever you are involved in a car accident, whether the crash was a fender bender or resulted in significant injury. Insurance companies will scrutinize everything you say and do to find a reason to deny you coverage. Additionally, you may not realize the complete value of your claim. A skilled personal injury attorney has the experience to be sure all your losses are taken into account.

After an accident, your focus should be on healing from your injuries and getting back to your routine. Hiring the right attorney takes the weight off your shoulders. Your attorney can:

• Help you understand your police report, including the relevant auto insurance codes that indicate which insurance companies you’ll be in communication with
• Communicate with your insurance company, the other driver’s insurer, and anyone else requesting information about the claim
• Gather evidence and talk to witnesses
• Represent you in settlement negotiations
• Fight for maximum compensation in court

All drivers must have proof of auto insurance to operate a vehicle. Your minimum coverage will depend on whether you have a Basic or Standard policy.

The minimum required insurance in New Jersey for a Standard policy includes:

• Liability insurance – This coverage pays for others’ damages if you are responsible for the accident. The minimum requirements for bodily injury coverage are $25,000 per person and $50,000 per accident. It also requires $25,000 in property damage coverage per accident.
• Personal injury protection – Personal injury protection (PIP) coverage pays medical expenses for you and others covered under your policy regardless of fault. You must have a minimum of $15,000 per person or accident.
• Uninsured/underinsured motorist coverage – If you are involved in an accident with an uninsured or underinsured motorist, this coverage will apply. Uninsured/underinsured motorist coverage is available up to the same amounts as liability coverage.

For a Basic policy in New Jersey, you must have a minimum of:

• Liability insurance – The minimum liability coverage on a Basic policy only pays for others’ property damages. This coverage is a minimum of $5,000 per person or accident.
• Personal injury protection – Basic policies also must have a minimum of $15,000 per person or accident in PIP coverage.

In New Jersey, you are required to file a police report if the property damage is $500 or more. If the accident occurred on an interstate in New Jersey, the New Jersey State Police will investigate the accident. If the crash occurs on a county road, the county police or local township police will most likely respond. Don’t let an at-fault driver convince you not to call the police or involve insurance companies. The at-fault driver may be upset about the prospect of rising insurance rates or traffic citations. But your primary concern should be to protect your interests after an automobile accident. Summon the police to the scene and wait for them to arrive. Exchange names, addresses and insurance information with the other drivers while you’re waiting. Copy the information yourself directly from their license and take a photo if your phone has a camera. Avoid small talk and do not discuss your injuries with the at-fault driver. Do not minimize your injuries or tell anecdotes about your own driving mishaps to make the at-fault driver feel better. Such well-intentioned small talk can come back to haunt you. Again, your concern after an accident is to protect your own interests and legal rights. Be sure to write down the name of the police officer, their badge number and the law enforcement agency they represent.

The law firm of Davis, Saperstein & Salomon, P.C., based in Teaneck, New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our NJ personal injury lawyers provide. The focus of our practice is representing people who were injured in accidents through the negligence of others. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases involving medical malpractice, defective drugs, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements, verdicts and workers’ compensation claims on behalf of our clients.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

Yes, find a safe spot well off the roadway and look around for eyewitnesses who saw the collision. Write down their names, addresses, contact numbers and their auto license plate numbers too if you can. Don’t depend on the police to track down eyewitnesses to your accident. Police are primarily interested in securing the accident scene, assisting injured motorists and restoring normal traffic flow. The police report may contain inaccuracies.

If you have a camera phone, don’t be embarrassed to take photos of the damage to your car and the other vehicles. Take a photo of the auto license plates of potential eyewitnesses in case you copy down this information incorrectly. Property damage and injury photos may provide helpful evidence to strengthen your accident claim after an accident. Also take photographs area surveillance cameras that may have captured footage of your collision.

For more than 30 years, the skilled car accident attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our experienced New Jersey and New York automobile accident lawyers understand how crashes occur and how to help people recover. Our law firm, based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our personal injury attorneys provide.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

This happens frequently. Whether in Newark, Hoboken, Jersey City, or another community, police write an initial report based on a brief investigation of an accident. The report may contain inaccuracies or false assumptions. If a police report contains errors or you disagree with the officer’s conclusions, you should promptly file an amendment to the police report with the investigating police department. An experienced auto accident lawyer can advise you on drafting an amendment. Once the accident report is finalized, police in New Jersey may be reluctant to change the report. You may have to speak to the police captain to file a statement to be added to the report.

The law firm of Davis, Saperstein & Salomon, P.C., based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our NJ car accident lawyers provide. The focus of our practice is representing people who were injured in accidents through the negligence of others. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases involving medical malpractice, defective drugs, automobile accidents, truck accidents and bus accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements, verdicts and workers’ compensation claims on behalf of our clients.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

No. Filing a small claims lawsuit is one of the biggest mistakes you can make after a New Jersey car accident. Why? In New Jersey, there is a legal rule called the “Entire Controversy Doctrine” that permits you to file only one lawsuit per event. By filing a lawsuit in small claims court, you may unknowingly give up your right to file a lawsuit for personal injuries or financial losses that would provide a much large recovery.

You would be well advised to consult with an experienced New Jersey car accident attorney to protect your legal rights.

For more than 30 years, the skilled attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our experienced automobile accident lawyers understand how crashes occur and how to help people recover. Our law firm, based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our personal injury attorneys provide.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

This is a common question. A municipal traffic court’s function is to determine whether state laws were broken and whether the at-fault driver is guilty as charged. The judge must decide whether the driver is guilty “beyond a reasonable doubt.” That is a different legal standard than is applied in civil lawsuits such as personal injury claims. Therefore, in New Jersey the outcome of a municipal court case is usually not applicable or admissible as evidence of fault in a personal injury lawsuit.

If you are called as a witness in a municipal court proceeding, it’s important to consult with an experienced New Jersey auto accident attorney promptly. Any inconsistencies between your testimony in municipal court and statements in the personal injury lawsuit may be used against you later to try to deny your claim. Protect your legal interests and talk to an experienced lawyer if you are called to testify.

The law firm of Davis, Saperstein & Salomon, P.C., based in Teaneck, New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our NJ personal injury lawyers provide. The focus of our practice is representing people who were injured in accidents through the negligence of others. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases involving medical malpractice, defective drugs, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements, verdicts and workers’ compensation claims on behalf of our clients.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

New Jersey is a no-fault insurance state. That means your automobile insurance company pays your medical bills and a portion of your lost wages, no matter who was at fault in the accident. Your permanent losses such as your pain and suffering and financial losses would be a claim filed against the at-fault driver and the at-fault driver’s insurance company.

After an automobile accident involving injuries, you must apply for something called “personal injury protection” (PIP) medical and economic benefits through your insurance company. If you don’t own a car and live with a relative who has a car, your relative’s auto insurance carrier will be responsible for your medical bills. Your relative’s insurance rates should not go up as a result of your (PIP) claim, but we recognize it may sometimes be hard to explain that to your relative. Still, it is necessary to report the accident to that insurance carrier and apply for PIP benefits. PIP benefits are affected by several factors including whether the accident involved a bus, truck, taxi, motorcycle or limousine.

For more than 30 years, the skilled car accident attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our experienced New Jersey automobile accident lawyers understand how crashes occur and how to help people recover. Our law firm, based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our personal injury attorneys provide.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

Generally not. In fact, the law in New Jersey specifically allows for compensation for a pre-existing injury or medical condition which may have been aggravated by the accident. As a matter of fact, this is exactly the explanation of the law that is read to a jury by the judge before they begin their deliberations.

You can be sure, though, that insurance company investigators will delve into your driving record and look at any insurance claims you have made. The insurance industry keeps records of all your past claims. They’ll try to use this information to discount your claim, if possible. Inform your lawyers of any past accidents and any past claims. Your attorney needs to be aware of this information to negotiate effectively on your behalf. Also inform your lawyer of any past bankruptcies or contemplated bankruptcies, unpaid child support, divorces and past criminal convictions. Your conversations with your attorney are confidential.

A previous insurance settlement or car accident that was your fault in no way prevents you from bringing a successful personal injury claim for an automobile accident caused by another driver. But your attorney needs to have this information at hand and be prepared to respond to it if an insurance company brings it up as part of auto accident settlement negotiations.

The law firm of Davis, Saperstein & Salomon, P.C., based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our NJ personal injury lawyers provide. The focus of our practice is representing people who were injured in accidents through the negligence of others. We are justifiably proud of our record of success in representing more than 30,000 accident victims in cases involving medical malpractice, bus, train and boating accidents, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements, verdicts and workers’ compensation claims on behalf of our clients.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

Yes, the time limit to file most personal injury claims in New Jersey is two (2) years. However, if the injured person was under the age of 18 when the injury occurred, they may have until age 20 to bring a claim. This is known as the statute of limitations. That’s why it is important to promptly consult an experienced New Jersey personal injury lawyer who has handled many auto accident claims. A car accident lawyer can start working on your behalf immediately, helping you to avoid common mistakes and gathering evidence that might not be available if you delay too long.

Warning, if your accident involved the State of New Jersey, or a county or municipality, the Board of Education or any other state agency, authorities or state employees then you must comply with the New Jersey Tort Claim Act which requires a special notice to be filed within 90 days of the accident. There are a few very limited exceptions. However, if you do not file this notice with the approved government entity within 90 days, your claim may be barred, and if filed in court it may be dismissed. Please note that there is a one year statute of limitations with the New Jersey Port Authority.

Under certain circumstances other time limits apply. A pedestrian struck by a car or a motorcycle has six months to file a claim with the Property-Liability Insurance Guaranty Association (PLIGA) who would likely by responsible to pay the pedestrian’s medical bills. Furthermore, if the at-fault driver was an employee of any governmental entity such as the state, county, city or even boards, such as the Board of Education, there is a separate time limit of 90 days from the accident date to give them special “Tort Claims Notice” on their special form. Failure to do so could be fatal to your accident case.

Our experienced New Jersey automobile accident lawyers understand how crashes occur. We are skilled at analyzing automobile and truck accidents to identify driver negligence. We know how to present a compelling case to an insurance company or jury. We have obtained millions of dollars in settlements and verdicts on behalf of our clients. The focus of our practice is representing people who were injured in accidents through the negligence of others.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

Most automobile accident cases are settled before trial. But it’s important to prepare a case thoroughly as if it’s going to trial. The reason is that insurance companies will only pay fair and full compensation if they are convinced that an accident victim is ready to go to trial. If an insurance company is short-sighted and unwilling to offer sufficient compensation, our experienced automobile accident trial lawyers have full confidence in New Jersey juries to deliver just verdicts.

For more than 30 years, the skilled attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured by the carelessness of others. Our law firm, based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our car accident attorneys provide. We are justifiably proud of our record of success in representing more than 30,000 accident victims in cases involving automobile accidents, motorcycle accidents, trucking accidents, pedestrian accidents and other kinds of personal injury accidents.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.