What to Do After a Car Accident in New Jersey

What to Do After a Car Accident in New Jersey

Car accidents are traumatic and disorienting. Knowing what to do in the immediate aftermath can protect your health, your legal rights, and your ability to recover compensation.

Immediate Steps at the Scene

1. Check for Injuries

Your safety is the first priority. Check yourself and passengers for injuries. Do not move anyone who may have a spinal injury.

2. Call 911

Always call the police after an accident, even a minor one. A police report is essential documentation for your insurance claim and any lawsuit. In NJ, you are required to report accidents involving injury, death, or property damage over $500.

3. Document the Scene

If it is safe to do so:

• Photograph all vehicles, damage, license plates, and the scene
• Photograph any visible injuries
• Note road conditions, weather, traffic signals, and skid marks
• Get the names, contact information, and insurance details of all drivers

4. Get Witness Information

Independent witnesses can be crucial. Get names and phone numbers of anyone who saw the accident.

5. Seek Medical Attention

Even if you feel fine, see a doctor as soon as possible. Many serious injuries (whiplash, concussion, internal bleeding) are not immediately apparent. Delayed medical treatment can also be used by insurance companies to argue your injuries were not caused by the accident.

New Jersey's No-Fault Insurance System

New Jersey is a no-fault auto insurance state. This means 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.

Threshold for Suing the At-Fault Driver

To sue the at-fault driver for pain and suffering in NJ, you must meet one of two thresholds:

• Verbal threshold (limitation on lawsuit option): You must have suffered a "serious" injury — permanent injury, significant disfigurement, displaced fracture, or death
• No threshold (standard option): You can sue for any injury

Your ability to sue depends on which option you selected when purchasing your insurance policy.

Comparative Negligence in NJ

New Jersey follows modified comparative negligence. If you were partially at fault, your damages are reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover.

Common Injuries in NJ Car Accidents

• Whiplash and soft tissue injuries
• Herniated discs and spinal injuries
• Traumatic brain injury (TBI)
• Broken bones and fractures
• Internal organ damage
• Psychological trauma (PTSD)

How Long Do You Have to File a Lawsuit?

The statute of limitations for personal injury in NJ is 2 years from the date of the accident. For accidents involving government vehicles, you must file a Notice of Tort Claim within 90 days.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Please consult a licensed New Jersey attorney for advice specific to your situation.