Detailed Answer
When you suffer injuries in a New Jersey auto accident caused by another driver, you need the at-fault party’s insurer to accept liability before you can recover full compensation. Liability means the insurance company agrees their policyholder was negligent and that they will pay your medical bills, lost wages, and pain and suffering. Below are key steps under New Jersey law to strengthen your claim:
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
- Report the Accident Promptly
Under N.J.S.A. 39:4-50.1, you must file an accident report with local police or the NJ MVC if there are injuries or significant damage. A timely police report provides an official record of fault and crash details. - Preserve All Evidence
Photograph the vehicles, road conditions, and any skid marks. Get contact information for witnesses. Keep your medical records and bills organized to document your injuries and treatment chronology. - Notify the Insurer and Cooperate
Contact the at-fault driver’s insurance company as soon as possible. Provide accurate statements about what happened. Under the New Jersey Prompt Payment of Claims Act (N.J.S.A. 17:29B-4), insurers must acknowledge claims within 30 days and pay uncontested sums within 30 days of acceptance.
View N.J.S.A. 17:29B-4 - Obtain and Review the Police Report
Your attorney or you can request the official police crash report under N.J.S.A. 39:4-50.1. That report often assigns preliminary fault and helps validate your version of events.
View N.J.S.A. 39:4-50.1 - Submit a Demand Package
Once your medical treatment stabilizes, prepare a written demand: include a summary of the crash, medical records, bills, wage loss documentation, and repair estimates. A well-organized demand increases pressure on the insurer to accept fault and settle. - Consult an Attorney Early
An experienced personal injury attorney knows how to present facts, apply New Jersey negligence principles, and negotiate with insurance adjusters. Lawyers can cite relevant case law and statutes to bolster your position. - Be Prepared to File Suit
If the insurer denies liability or makes an unreasonably low offer, you have two years from the accident date to file a lawsuit (N.J.S.A. 2A:14-2). Often, the possibility of litigation motivates insurers to accept liability in settlement negotiations.
View N.J.S.A. 2A:14-2
Helpful Hints
- Keep a detailed injury journal describing pain levels and recovery milestones.
- Save all receipts for medical co-pays, medications, and related expenses.
- Avoid recorded statements without consulting counsel.
- Send letters via certified mail so you have proof of delivery.
- Track all correspondence and calls with the insurer in a written log.