What to do next with your personal injury claim in New Jersey after you receive the crash report
Quick summary: After you get the crash report, focus on verifying facts, documenting injuries and damages, notifying insurers, preserving evidence, and deciding whether to negotiate a settlement or file a lawsuit. New Jersey has firm procedural deadlines and legal rules that affect recovery, so gather records and speak with an attorney early.
Detailed Answer — Step‑by‑step guidance under New Jersey law
This section explains practical steps to advance a personal injury claim once you have the police or crash report. The guidance is organized so someone with no legal background can follow from evidence review through settlement or litigation.
1. Read and check the crash report carefully
– Confirm identifying information: names, vehicle descriptions, license numbers, insurance companies listed, date, time and location. If the report lists witnesses, note their names and contact details.
– Look for factual errors or omissions. If there are mistakes, document them (photographs, notes) and consider asking the issuing agency how to correct or supplement the report.
2. Prioritize medical care and documentation
– Get immediate medical care for injuries. Even if you feel fine, some crash injuries (e.g., whiplash, concussion) can show up later.
– Keep all medical records, imaging, provider notes, prescriptions, and receipts. These are the primary proof of injury and treatment for a personal injury claim.
3. Preserve and collect evidence
– Save photos from the crash scene and of property damage and injuries.
– Keep vehicle repair estimates and receipts.
– Save wage‑loss documentation (pay stubs, a letter from your employer) and records of any other out‑of‑pocket expenses.
– If the crash report lists witnesses, try to get their contact information and short written statements while memories are fresh.
4. Notify your insurance company (and follow policy rules)
– Report the crash to your insurer promptly as required by your policy. Be factual, avoid speculation, and do not admit fault. Follow your insurer’s instructions about vehicle repairs and medical provider networks, if applicable.
5. Consider whether to make a claim with the other driver’s insurer
– Before giving a recorded statement to the other driver’s insurer, consider talking with a lawyer. Insurers often attempt to limit payouts by focusing on statements that reduce liability or damages.
– Provide basic facts but avoid detailed, unverified medical descriptions until you have records showing the connection between the crash and your injuries.
6. Understand New Jersey timing rules (statute of limitations)
– New Jersey imposes time limits for bringing personal injury lawsuits. These limits can bar a case if you wait too long. To find the official New Jersey statutes and confirm current time limits, consult the New Jersey Legislature website: https://www.njleg.state.nj.us/statutes.
– Because deadlines and exceptions vary depending on the facts (for example, claims against government entities follow different procedures), ask an attorney promptly so you avoid losing your right to sue.
7. Evaluate fault and damages
– New Jersey uses comparative‑fault principles, which means the amount you can recover may be reduced by any percentage of fault allocated to you. That calculation affects negotiations and trial strategy.
– Damages typically include medical expenses, future medical care, lost earnings, loss of earning capacity, pain and suffering, and property damage. Collect records to document each category.
8. Build a demand package or file a lawsuit
– For many claims, a lawyer prepares a demand package: a cover letter, copy of the crash report, medical records and bills, wage documentation, repair estimates, and a settlement demand amount with legal explanation.
– If negotiations do not produce a fair settlement, your lawyer may recommend filing a complaint in civil court. Lawsuits begin with a pleading; the defendant is served and the litigation process proceeds (discovery, depositions, motions, trial or settlement).
9. Consider attorney representation
– An experienced personal injury attorney can: evaluate the crash report and evidence, estimate damages, negotiate with insurers, arrange for medical and wage documentation, and advise whether settlement or litigation best serves your case.
– Many personal injury attorneys offer an initial consultation at no cost and work on contingency (they are paid a percentage of recovery), but confirm the fee structure in writing.
Frequently asked practical questions
How long do I have to act?
Time limits vary. For typical personal injury claims between private parties, New Jersey’s civil time limits are governed by state statutes. Because exceptions exist (for example, claims against government bodies require notice within a shorter period), consult the New Jersey statutes and consider early legal advice: New Jersey Statutes.
Do I need an attorney before I talk to the other party’s insurer?
No, but it is often wise. Insurers collect statements to evaluate and sometimes to minimize claims. A lawyer can advise you on what to say and help preserve evidence and rights.
What if the crash report lists me as partially at fault?
Being listed as partially at fault does not automatically prevent recovery. New Jersey’s comparative‑fault rules reduce your recovery by your share of fault. A lawyer can help challenge inaccurate fault findings in the report and present evidence showing the correct allocation.
Helpful Hints
- Order multiple copies of the crash report and store digital backups.
- Document everything with date‑stamped photos and written notes while details remain fresh.
- Keep a daily symptom and activity log after the crash to show how injuries affect your life.
- Never sign medical or settlement releases without understanding their effect — ask an attorney first.
- Get written estimates for vehicle repair and keep receipts for any immediate expenses (taxis, rental cars, prescriptions).
- Be cautious with social media — insurers may use posts to challenge injury claims.
- If the other party is uninsured or underinsured, ask your insurer about uninsured/underinsured motorist (UM/UIM) coverage.
- If the crash involves a government vehicle or occurred on government property, investigate special notice requirements and shorter deadlines.
Next steps
- Confirm you have accurate contact and insurance information from the crash report.
- Seek medical care and collect all medical records.
- Notify your insurer and preserve evidence (photos, witnesses, bills).
- Decide whether to speak with the other insurer or consult an attorney first.
- If you plan to pursue compensation, assemble a demand package or contact an attorney to evaluate filing a lawsuit before statutory deadlines expire.
Disclaimer: This article is educational and informational only and does not constitute legal advice. It is not a substitute for advice from a licensed attorney about your specific situation. Laws and procedures change. For advice tailored to your facts, consult a licensed New Jersey attorney.