Car accident in New Jersey: Your comprehensive handbook for the next steps
Getting involved in an auto accident can be scary and traumatic. Sadly, on-road mishaps are a reality in New Jersey, and many people suffer because someone else was reckless. Do you know what steps you should take when injured in a car crash? Among many things, you should meet a competent personal injury lawyer to discuss the possibilities of recovering a settlement. Law firms like Sattiraju & Tharney specialize in personal injury cases and offer a no-cost consultation, which can be helpful. In this post, let’s discuss the next steps and other relevant NJ laws that need attention.
Immediately after a crash
Laws in NJ require drivers and motorists to report an accident that results in death, property damage, or injuries. Stop your vehicle and call 911 if you or someone is injured. You can also inform the local police. You should seek medical care for your injuries, even if you are not severely hurt. If you feel okay, use the time at the scene to collect as much information as possible. Use your phone to capture the accident scene, your injuries, and damaged vehicles, and talk to involved drivers and pedestrians to get their contact details. It is also essential that you file a written report about the accident within ten days unless the police have filed a report. Make sure to adhere to the treatment plan given by the doctors.
A look at the no-fault insurance system
New Jersey has a no-fault system for car accidents. That essential means that you will usually recover compensation for your medical bills and other expenses through your PIP coverage. If you exhaust the coverage limit, you can step aside from the no-fault rule and sue the other party. There are also other situations where you may file a lawsuit against the at-fault driver. Note that your PIP coverage doesn’t cover non-economic damages, such as pain and suffering. Check your auto insurance to see whether it has a “Limitation on Lawsuit Threshold” or “No Threshold.”
Avoid the usual mistakes
Firstly, you don’t have to blame the other party or give opinions to the police. The insurance company is not there to help or support you, and it is critical to be cautious with the claims adjuster. Make sure you retain all your medical records, which will be useful for your claim. Don’t give a recorded statement to the insurance company, and avoid posting anything on social media.
When you are at fault
If you were partly responsible for the crash, the modified comparative negligence rule will be used to determine whether you will recover compensation from the other party. When your fault share is 50% or more, you cannot sue them for a settlement. Also, your settlement will be proportionated accordingly. For example, if you are 20% at fault and receive compensation worth $100,000, you will only get $80,000. Even insurance companies rely on the modified comparative negligence to determine what they pay to claimants.
Know the statute of limitations
In general, you have two years to sue the other party for a car crash in NJ. The statute of limitations sets this deadline, which starts from the day you are injured. However, you cannot afford to wait any further after the accident, as evidence and critical information may disappear, which will make it hard to recover a settlement.
You will need an attorney
You have to hire an attorney who specializes in car accident claims and lawsuits sooner than later. Whether it is about fighting for your rights or negotiating the settlement, the lawyer will work as your support and representative.
Make a list of top injury lawyers in NJ immediately.