Here’s what to do after a New Jersey car accident to protect your legal and financial interests.
On average, there are more than 160 traffic accidents with injuries every day on New Jersey roadways.¹
When you or a loved one are injured in a vehicle crash, you are entitled to seek compensation. Here’s what you need to know about New Jersey traffic laws and car accident insurance claims.
What to Do After a New Jersey Car Accident
Here are five steps you can after a vehicle accident to comply with New Jersey accident laws and protect your right to compensation.
1. Stay At the Scene and Exchange Information
New Jersey drivers are required to stop at the scene of an accident, or as close as safely possible. Try not to obstruct traffic more than necessary.
When the accident resulted in injuries or death, the drivers must share their name, address, driver’s license number, and vehicle registration with the injured, the other driver, any witnesses, and the police.
2. Call 911 and Help the Injured
New Jersey drivers are required to render aid to the injured and arrange for transportation to the nearest doctor or medical facility, when necessary or requested.
Calling 911 to report the accident and ask for an ambulance satisfies your legal requirements to arrange for transportation. Help the injured as much as you can until medics arrive on the scene.
3. Seek Prompt Medical Treatment
Protect your health and your right to injury compensation by having a thorough medical evaluation after a car accident. Immediately after a crash, you might be stunned, or full of adrenaline from the sudden impact. You may not even realize you’ve been injured.
When emergency responders arrive on the scene, let them look you over. This is not the time to be stoic. If the EMTs want to transport you to the hospital, go with them. If you aren’t taken directly to the hospital by ambulance, make arrangements to go to the emergency department or urgent care facility as soon as possible, preferably on the same day as the crash.
Refusing or delaying medical attention after an accident gives the insurance company, even your own insurance company, an excuse to deny or minimize your injury claim.
Don’t think you can make a claim against your own PIP coverage without medical documentation. You’re entitled to compensation for your injuries and lost wages, but your medical records must link the injuries to the accident.
4. Gather Evidence From the Scene
New Jersey is a no-fault auto insurance state, so most injury claims will be paid by your own insurance company. No-fault claims are paid no matter who caused the accident, so you won’t have to provide proof of negligence to get paid.
If your injuries are serious enough to exceed the no-fault threshold, you can file an injury claim or lawsuit against the at-fault driver. This requires proof of fault.
The burden is on you to prove the other driver did something wrong, or failed to do what any reasonable driver would do to avoid a collision.
The police crash report is strong evidence of fault, especially if the other driver was cited for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
New Jersey is a no-fault state, so most injury claims will be handled by your own insurance company under your Personal Injury Protection (PIP) coverage, no matter who caused the crash.
You can only pursue compensation from the at-fault driver if you suffered serious injuries. Injuries severe enough to exceed the no-fault threshold should be handled by an experienced personal injury attorney.
If you choose to hire an attorney, your attorney will handle all communications with the at-fault driver’s insurer and your own insurance company.
New Jersey Fault and Liability Rules
New Jersey requires auto policies to include Personal Injury Protection (PIP) coverage, ranging from $15,000 to $150,000 per person. PIP benefits may be increased to $250,000 for permanent brain damage or spinal cord injuries.
PIP coverage does not pay for pain and suffering, regardless of the injury.
New Jersey residents have PIP options. Vehicle owners are obligated to carry PIP coverage for medical expenses. Policyholders may choose to purchase “additional” PIP to cover lost wages and replacement services.
Serious Injury Threshold
Car accident victims are prohibited from seeking injury compensation directly from the at-fault driver unless their injuries exceed the serious injury threshold.
Serious Injuries include:
- Death
- Amputation
- Disfigurement or scarring
- Fractures
- Loss of an unborn child
- Permanent injuries, such as brain trauma
New Jersey Shared Fault Rules
New Jersey follows a 51 percent modified comparative fault rule. Outside of no-fault claims, you can seek compensation from the at-fault party when you are equally or less to blame for your injuries. Your compensation will be reduced according to your percentage of fault.
Example of Modified Comparative Fault in New Jersey
John was traveling along Magnolia Street in Salem City, approaching Elm. Heather was also traveling on Magnolia, approaching Elm from the other direction. John had a few beers at lunch, and was arguing on speaker with his girlfriend as he drove. The angrier he got, the more his speed increased.
Heather saw John coming but miscalculated the distance when she began making a left onto Elm Street. John crashed into the side of Heather’s vehicle.
The crash left both drivers with broken bones and other serious injuries. Both were transported to the hospital by ambulance.
Heather was ticketed for making an improper left turn. John’s blood alcohol content was found to be just under the legal limit. Witnesses testified that John was speeding. Both drivers blamed each other for causing the collision.
John filed a lawsuit against Heather, seeking $100,000 for his damages. After hearing from witnesses at the scene, and reviewing the police reports, the jury found that Heather and John were equally to blame for causing the crash.
John was awarded $50,000, representing a 50 percent reduction to his claim value.
New Jersey Car Accident Compensation
The average settlement for a moderate car accident claim in New Jersey is $45,100, with average payouts ranging from $12,333 for minor injuries to $484,816 for severe injuries.
Injury settlements in New Jersey can vary widely, depending on the circumstances surrounding the crash, the severity of the victim’s injuries, and the available insurance limits.
For example, look at these two rear-end accident cases with low and high payouts:
- In Bergen County, Monsur v. Perrez, BERL-005126-18, a jury awarded $5,000 for soft-tissue back and neck injuries. The defendant blamed the plaintiff’s injuries on a prior accident.
- In Atlantic County, Muniz v. Torres, ATL-L-118-09, a jury awarded $2,600,000 to a man left in a permanent coma after being hit by a drunk driver. The award represents a 35 percent reduction for shared fault.
Factors that impact New Jersey accident compensation include:
- Scope and severity of injuries
- Shared fault for the crash
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Most car accident injury claims in New Jersey are covered by the victim’s Personal Injury Protection (PIP) no matter who caused the accident.
Serious or fatal injury claims may be made against the at-fault party, and are best handled by an experienced attorney.
New Jersey State Minimum Insurance Requirements
Car owners in New Jersey must carry at least $15,000 of Personal Injury Protection (PIP) to cover medical expenses.
In addition to PIP coverage, New Jersey requires all vehicles to have liability limits of at least $25,000 per person/$50,000 per accident for bodily injury, and $25,000 for property damage.
Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverages are not required in New Jersey, although insurers must offer UM/UIM coverages up to the policy’s liability limits.
Calculating a Minor Injury Settlement
New Jersey is a no-fault state requiring high levels of Personal Injury Protection (PIP) coverage. Minor to moderate claims will be paid under your own PIP coverage.
PIP pays for:
- Medical expenses
- Lost wages, with limits
- Replacement services
- Attendant services, with limits
PIP does not pay for non-economic damages like pain and suffering.
You and your family will need an experienced personal injury attorney to get a fair payout for serious or fatal injury claims. Your attorney will pursue compensation for the past and future value of medical expenses, lost wages, and the extreme pain and suffering caused by serious injuries.
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