What to Do After a Car Accident in New Jersey: A Legal Guide

Immediate Steps at the Scene

1. Check for Injuries and Call 911

Your safety is the first priority. Call 911 immediately if anyone is injured. Even if injuries seem minor, call the police — a police report is essential for insurance claims and any potential lawsuit.

2. Move to Safety

If the vehicles are drivable and it is safe to do so, move them out of traffic. Turn on hazard lights.

3. Exchange Information

Exchange the following with all other drivers:

• Full name and contact information
• Driver's license number
• License plate number
• Insurance company and policy number
• Vehicle make, model, and year

4. Document the Scene

Before vehicles are moved (if possible), document:

• Photos of all vehicles from multiple angles
• Photos of the accident scene, road conditions, and any traffic signs or signals
• Photos of any visible injuries
• Photos of skid marks, debris, or other physical evidence

5. Identify Witnesses

Get the names and contact information of any witnesses. Witness testimony can be critical if liability is disputed.

6. Get the Police Report Number

Ask the responding officer for the report number so you can obtain a copy later.

What NOT to Do

• Do not admit fault — even saying "I'm sorry" can be used against you
• Do not give a recorded statement to the other driver's insurance company without consulting an attorney
• Do not accept a quick settlement — the full extent of your injuries may not be apparent for days or weeks
• Do not post about the accident on social media — insurance companies monitor social media

Seek Medical Attention Immediately

Even if you feel fine, see a doctor within 24-48 hours of the accident. Many injuries — whiplash, concussions, soft tissue injuries, internal bleeding — are not immediately apparent. Delaying medical treatment can:

• Worsen your injuries
• Create gaps in your medical records that insurers use to deny claims
• Undermine your credibility

New Jersey's No-Fault Insurance System

New Jersey is a no-fault state. Your own Personal Injury Protection (PIP) coverage pays for your medical expenses and lost wages regardless of who caused the accident — up to your policy limits.

However, you may be able to step outside the no-fault system and sue the at-fault driver if your injuries meet the verbal threshold (serious injury) or if you selected the tort option when purchasing your policy.

When Can You Sue the At-Fault Driver?

Limitation on Lawsuit Option (verbal threshold): If you selected this option (lower premiums), you can only sue for pain and suffering if you suffered:

• Death
• Dismemberment
• Significant disfigurement or scarring
• Displaced fractures
• Loss of a fetus
• Permanent injury within reasonable medical probability

Unlimited Right to Sue Option: If you selected this option (higher premiums), you can sue for any injury, including minor ones.

Damages Available in NJ Car Accident Cases

• Medical expenses (past and future)
• Lost wages and lost earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Loss of consortium (spouse's claim)

The Statute of Limitations

In New Jersey, you have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline permanently bars your claim.

This article is for general informational purposes only and does not constitute legal advice.