How Can a Passenger in a New Jersey Vehicle Accident Maintain Continuity of Care to Protect an Injury Claim?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

When a passenger sustains injuries in a New Jersey vehicle accident, maintaining continuity of care strengthens a personal injury claim. To protect your claim, follow these key steps:

1. Seek Prompt Medical Attention

Obtain a medical evaluation within days of the crash. In New Jersey, you must activate Personal Injury Protection (PIP) benefits within 14 days of treatment per N.J.S.A. 39:6A-4. Early documentation links your injuries directly to the accident.

2. Understand PIP Benefits

PIP covers reasonable and necessary medical expenses regardless of fault. New Jersey law provides up to $250 per day and a maximum of $250,000 in medical benefits. See N.J.S.A. 39:6A-8 for details.

3. Document All Medical Treatment

Keep thorough records: medical bills, diagnostic reports, imaging, therapy notes, and prescription receipts. Retain copies of every statement. Ensure each entry references the accident date, treating provider, and diagnosis codes.

4. Follow Provider Recommendations

Attend all scheduled follow-ups, physical therapy, chiropractic visits, or specialist referrals. Gaps in treatment can give insurers grounds to question injury severity or causation.

5. Disclose Pre-Existing Conditions

Provide your full medical history to treating professionals. Documenting pre-existing conditions prevents disputes over whether new symptoms stem from the accident.

6. Monitor the Statute of Limitations

New Jerseys statute of limitations for personal injury lawsuits is two years from the accident date (N.J.S.A. 2A:14-2). Maintaining care records helps support a formal lawsuit if negotiations stall.

Disclaimer

This article is for educational purposes and not legal advice. Consult a qualified attorney to address specific legal concerns.

Helpful Hints

  • Schedule follow-ups immediately; avoid treatment gaps.
  • Use a primary treating physician when possible for consistency.
  • Log daily symptoms and functional limitations.
  • Notify your auto insurer in writing of all treatments.
  • Keep digital and paper copies of medical records and bills.
  • Comply with all therapy and rehabilitation plans.
  • Consult an attorney before providing recorded statements to insurers.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.