Personal Injury Claim in NJ: What to Do in the Days After an Accident

The steps you take in the first days after a crash can shape a personal injury claim in NJ for months to come. Here is a common mistake: you feel sore but fine, so you skip the doctor and toss the repair receipts. Weeks later, the pain is worse, and you have little to show what happened. This guide covers what to do at the scene, which records to keep, how New Jersey auto insurance works and when to talk with a lawyer.

First Steps at the Scene

Your health comes first. Once you are safe, a few simple habits help protect your rights and keep your options open:

1. Get to safety. Move to a safe spot if you can, and call 911 if anyone is hurt.
2. Call the police. An official report records the basic facts while they are fresh.
3. Exchange information. Trade names, contact details and insurance information with the other driver.
4. Take photos. Capture the vehicles, the road, any signs and your injuries.
5. Find witnesses. Ask for names and phone numbers before people leave.
6. Get checked out. See a doctor promptly, even if you feel fine at first.

The New Jersey Department of Banking and Insurance (DOBI) also says to report the accident to the police right away. Its page on filing an auto damage claim adds that you must report any accident with property damage over $500.

Records That Support a Personal Injury Claim in NJ

Memories fade, but paper does not. So start a simple folder, or a notes file on your phone, on the day of the accident. Then add to it as you go:

• Medical visits, bills and prescriptions
• Notes on pain, sleep and daily tasks you can no longer do
• Pay stubs or employer notes that show missed work
• Repair estimates, rental car costs and receipts
• Every letter, email and claim number from an insurer

DOBI also suggests that you save receipts for any emergency repairs to your car. In short, if the accident cost you money, keep proof of it.

How New Jersey Auto Insurance Shapes Your Claim

New Jersey uses a no-fault system for medical bills. According to DOBI, personal injury protection (PIP) pays your own medical expenses after a car accident, no matter who caused it. However, PIP does not pay for damage to your vehicle.

Your right to sue also depends on the option you chose for your policy. DOBI’s page on the Standard Auto Insurance Policy explains the two choices:

	Limitation on Lawsuit	No Limitation on Lawsuit
Pain and suffering	Only for certain injuries listed in the policy	For any injury
Examples that qualify	Loss of a body part, a displaced fracture, significant scarring or a permanent injury	No list applies
Medical bills and lost wages	Your right to sue is not affected	Your right to sue is not affected

Fault can be shared, too. DOBI explains that under New Jersey’s comparative negligence law, you can collect only if your share of fault does not exceed the other driver’s. Your own percentage of fault can also reduce what you receive.

Talking With Insurance Companies

You will likely hear from your own insurer and from the other driver’s company. Report the accident to them promptly. DOBI warns that if you fail to cooperate fully with an insurer’s investigation, it could deny your claim.

At the same time, be careful with what you say. Stick to facts you know, and avoid guessing about speed, fault or how badly you are hurt. Small slips can hurt a claim, so try to avoid these:

• Skipping or delaying medical care
• Posting photos or comments about the accident online
• Throwing away bills, receipts or damaged items
• Signing papers you do not fully understand

Deadlines for a Personal Injury Claim in NJ

Time limits apply to injury lawsuits. Under N.J.S.A. 2A:14-2, most actions for an injury to the person must start within two years after the cause of action accrues. The statute begins with the words “except as otherwise provided by law,” and it sets a separate rule for certain birth-injury claims. Other rules can also apply in some cases.

Because of those exceptions, do not wait until the last few weeks to get advice. Instead, ask a lawyer early which deadline applies to your situation.

When to Talk With a Lawyer About a Personal Injury Claim in NJ

Not every fender bender needs a lawyer. Still, it is wise to get advice in situations like these:

• Your injury is serious or lasting.
• Fault is in dispute, or several drivers were involved.
• An insurer denies or delays your claim.
• Someone asks you to sign a release or give a recorded statement.
• A deadline may be getting close.

A first conversation helps you understand your options. It also gives you a chance to ask about fees and what the process may look like.

Personal Injury Claim in NJ: Questions People Ask

How Robert J. Gallop, Esq. Can Help

Robert J. Gallop, Esq. is a partner at O’Toole Scrivo, LLC in Cedar Grove. He is a civil trial attorney with more than 25 years of experience in state and federal court. He has been certified by the Supreme Court of New Jersey as a Civil Trial Attorney since 1995.

His work includes personal injury, wrongful death, premises liability, product liability and construction matters. He also handles employment claims involving wrongful discharge, the Law Against Discrimination, whistleblower issues and non-competes. In addition, he has served on the Chatham Township Committee. To ask about your situation, visit his profile to call, email or request an introduction.

Recovery often involves more than legal questions. The After an Accident or Injury team includes Lisa Duke-Lees, who offers chiropractic and rehab care. You can also meet other attorneys on our Legal Services page or browse the full member directory.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every situation is different. For advice about your situation, speak with a licensed New Jersey attorney.