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Car Accident Frequently Asked Questions

Car Accident FAQ's

What’s the best way to respond to insurance companies that call me after an automobile accident caused by another driver?

People injured in New Jersey automobile collisions and highway accidents caused by the carelessness of others have strong legal rights. But it is crucial to avoid saying anything or doing something that undermines your own case. A person injured in an automobile accident has many critical decisions to make in the days after an automobile crash. It’s important not to make those decisions without experienced counsel. You are required to give a statement to your own automobile insurance company. But some accident victims make the mistake of speaking to an insurance claims adjustor representing the at-fault driver who caused the accident. You may believe it is okay to talk since you weren’t at fault in the traffic collision. Unfortunately, some people unknowingly hurt their own claims by giving the other driver’s insurance company information they’ll use to deny or minimize their claim.

If you have been in an automobile accident, it’s important to consult an experienced New Jersey personal injury lawyer who is skilled at handling automobile accidents and negotiating with insurance companies. Insurance companies will have experienced accident lawyers representing their interests. You should too. Hiring an experienced NJ auto accident lawyer to stand up for your interests is one of the most important decisions you can make after a serious automobile accident.

For more than 30 years, the skilled car accident attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our law firm, serving all of New Jersey, is highly regarded throughout the New York metropolitan area for the quality of the counsel and legal representation that our personal injury attorneys provide. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases involving automobile, motorcycle, trucking, pedestrian, construction site and other kinds of personal injury accidents.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

Should the police be called to investigate an automobile accident?

In New Jersey, you are required to file a police report if the property damage is $500 or more. If the accident occurred on an interstate in New Jersey, the New Jersey State Police will investigate the accident. If the crash occurs on a county road, the county police or local township police will most likely respond. Don’t let an at-fault driver convince you not to call the police or involve insurance companies. The at-fault driver may be upset about the prospect of rising insurance rates or traffic citations. But your primary concern should be to protect your interests after an automobile accident. Summon the police to the scene and wait for them to arrive. Exchange names, addresses and insurance information with the other drivers while you’re waiting. Copy the information yourself directly from their license and take a photo if your phone has a camera. Avoid small talk and do not discuss your injuries with the at-fault driver. Do not minimize your injuries or tell anecdotes about your own driving mishaps to make the at-fault driver feel better. Such well-intentioned small talk can come back to haunt you. Again, your concern after an accident is to protect your own interests and legal rights. Be sure to write down the name of the police officer, their badge number and the law enforcement agency they represent.

The law firm of Davis, Saperstein & Salomon, P.C., based in Teaneck, New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our NJ personal injury lawyers provide. The focus of our practice is representing people who were injured in accidents through the negligence of others. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases involving medical malpractice, defective drugs, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements, verdicts and workers’ compensation claims on behalf of our clients.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

Should a motorist try to find eyewitnesses after a New Jersey highway accident?

Yes, find a safe spot well off the roadway and look around for eyewitnesses who saw the collision. Write down their names, addresses, contact numbers and their auto license plate numbers too if you can. Don’t depend on the police to track down eyewitnesses to your accident. Police are primarily interested in securing the accident scene, assisting injured motorists and restoring normal traffic flow. The police report may contain inaccuracies.

If you have a camera phone, don’t be embarrassed to take photos of the damage to your car and the other vehicles. Take a photo of the auto license plates of potential eyewitnesses in case you copy down this information incorrectly. Property damage and injury photos may provide helpful evidence to strengthen your accident claim after an accident.

For more than 30 years, the skilled car accident attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our experienced New Jersey and New York automobile accident lawyers understand how crashes occur and how to help people recover. Our law firm, based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our personal injury attorneys provide.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

The police accident report about my car wreck contains factual errors. Should they be corrected?

This happens frequently. Whether in Newark, Hoboken or Jersey City, police write an initial report based on a brief investigation of an accident. The report may contain inaccuracies or false assumptions. If a police report contains errors or you disagree with the officer’s conclusions, you should promptly file an amendment to the police report. An experienced NJ auto accident lawyer or Newark auto accident attorney can advise you on drafting an amendment. Once the accident report is finalized, police in New Jersey may be reluctant to change the report. You may have to speak to the police captain to file a statement to be added to the report.

The law firm of Davis, Saperstein & Salomon, P.C., based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our NJ car accident lawyers provide. The focus of our practice is representing people who were injured in accidents through the negligence of others. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases involving medical malpractice, defective drugs, automobile accidents, truck accidents and bus accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements, verdicts and workers’ compensation claims on behalf of our clients.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

My automobile was wrecked beyond repair and the at-fault driver’s insurance company is refusing to reimburse me for what I believe the car is worth. My own insurance company is of little help. Should I file a small claims suit?

No. Filing a small claims lawsuit is one of the biggest mistakes you can make after a New Jersey car accident. Why? In New Jersey, there is a legal rule called the “Entire Controversy Doctrine” that permits you to file only one lawsuit per event. By filing a lawsuit in small claims court, you may unknowingly give up your right to file a lawsuit for personal injuries or financial losses that would provide a much large recovery.

You would be well advised to consult with an experienced New Jersey car accident attorney or NJ auto accident lawyer to protect your legal rights.

For more than 30 years, the skilled attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our experienced New Jersey automobile accident lawyers understand how crashes occur and how to help people recover. Our law firm, based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our personal injury attorneys provide.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

Can the testimony or municipal court conviction of the at-fault motorist be used in a personal injury lawsuit?

This is a common question. A municipal traffic court’s function is to determine whether state laws were broken and whether the at-fault driver is guilty as charged. The judge must decide whether the driver is guilty “beyond a reasonable doubt.” That is a different legal standard than is applied in civil lawsuits such as personal injury claims. Therefore, in New Jersey the outcome of a municipal court case is usually not applicable or admissible as evidence of fault in a personal injury lawsuit.

If you are called as a witness in a municipal court proceeding, it’s important to consult with an experienced New Jersey auto accident attorney or NJ auto accident lawyer promptly. Any inconsistencies between your testimony in municipal court and statements in the personal injury lawsuit may be used against you later to try to deny your claim. Protect your legal interests and talk to an experienced lawyer if you are called to testify.

The law firm of Davis, Saperstein & Salomon, P.C., based in Teaneck, New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our NJ personal injury lawyers provide. The focus of our practice is representing people who were injured in accidents through the negligence of others. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases involving medical malpractice, defective drugs, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements, verdicts and workers’ compensation claims on behalf of our clients.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

After a traffic collision in New Jersey, does the at-fault driver’s insurance cover the medical bills and lost wages of injured motorists?

New Jersey is a no-fault insurance state. That means your automobile insurance company pays your medical bills and a portion of your lost wages, no matter who was at fault in the accident. Your permanent losses such as your pain and suffering and financial losses would be a claim filed against the at-fault driver and the at-fault driver’s insurance company.

After an automobile accident involving injuries, you must apply for something called “personal injury protection” (PIP) medical and economic benefits through your insurance company. If you don’t own a car and live with a relative who has a car, your relative’s auto insurance carrier will be responsible for your medical bills. Your relative’s insurance rates should not go up as a result of your (PIP) claim, but we recognize it may sometimes be hard to explain that to your relative. Still, it is necessary to report the accident to that insurance carrier and apply for PIP benefits. PIP benefits are affected by several factors including whether the accident involved a bus, truck, taxi, motorcycle or limousine.

For more than 30 years, the skilled car accident attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our experienced New Jersey automobile accident lawyers understand how crashes occur and how to help people recover. Our law firm, based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our personal injury attorneys provide.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

Do previous driving accidents or insurance settlements affect your chances of collecting compensation in a car accident lawsuit?

Generally not. In fact, the law in New Jersey specifically allows for compensation for a pre-existing injury or medical condition which may have been aggravated by the accident.

You can be sure, though, that insurance company investigators will delve into your driving record and look at any insurance claims you have made. The insurance industry keeps records of all your past claims. They’ll try to use this information to discount your claim, if possible. Inform your lawyers of any past accidents and any past claims. Your attorney needs to be aware of this information to negotiate effectively on your behalf. Also inform your lawyer of any past bankruptcies or contemplated bankruptcies, unpaid child support, divorces and past criminal convictions. Your conversations with your attorney are confidential.

A previous insurance settlement or car accident that was your fault in no way prevents you from bringing a successful personal injury claim for an automobile accident caused by another driver. But your attorney needs to have this information at hand and be prepared to respond to it if an insurance company brings it up as part of auto accident settlement.

The law firm of Davis, Saperstein & Salomon, P.C., based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our NJ personal injury lawyers provide. The focus of our practice is representing people who were injured in accidents through the negligence of others. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases involving medical malpractice, bus, train and boating accidents, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements, verdicts and workers’ compensation claims on behalf of our clients.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

Is there a time limit for a filing a lawsuit for injuries from an auto accident in New Jersey?

Yes, the time limit to file most personal injury claims in New Jersey is two years. This is known as the statute of limitations. That’s why it is important to promptly consult an experienced New Jersey personal injury lawyer who has handled many auto accident claims. A car accident lawyer can start working on your behalf immediately, helping you to avoid common mistakes and gathering evidence that might not be available if you delay too long.

Warning, if your accident involved the State of New Jersey, or a county or municipality, the Board of Education or any other state agency, authorities or state employees then you must comply with the New Jersey Tort Claim Act which requires a special notice to be filed within 90 days of the accident. There are a few very limited exceptions. However, if you do not file this notice with the approved government entity within 90 days, your claim may be barred, and if filed in court it may be dismissed. Please note that there is a one year statute of limitations with the New Jersey Port Authority.

Under certain circumstances other time limits apply. A pedestrian struck by a motorcycle has six months to file a claim with the Property-Liability Insurance Guaranty Association (PLIGA) who would likely by responsible to pay the pedestrian’s medical bills. Furthermore, if the at-fault driver was an employee of any governmental entity such as the state, county, city or even boards, such as the Board of Education, there is a separate time limit of 90 days from the accident date to give them special “Tort Claims Notice” on their special form. Failure to do so could be fatal to your accident case.

Our experienced New Jersey automobile accident lawyers understand how crashes occur. We are skilled at analyzing automobile accidents to identify driver negligence. We know how to present a compelling case to an insurance company or jury. We have obtained millions of dollars in settlements and verdicts on behalf of our clients. The focus of our practice is representing people who were injured in accidents through the negligence of others.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

Do most New Jersey automobile accident lawsuits go to trial?

Most automobile accident cases are settled prior to trial. But it’s important to prepare a case thoroughly as if it’s going to trial. The reason is that insurance companies will only pay fair and full compensation if they are convinced that an accident victim is ready to go to trial. If an insurance company is short-sighted and unwilling to offer just compensation, our experienced automobile accident trial lawyers have full confidence in New Jersey juries to deliver just verdicts.

For more than 30 years, the skilled attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured by the carelessness of others. Our law firm, based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our car accident attorneys provide. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases involving automobile accidents, motorcycle accidents, trucking accidents, pedestrian accidents and other kinds of personal injury accidents.

Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

Davis, Saperstein & Salomon, P.C.

800 Inman Avenue
Colonia, New Jersey 07067
Phone: 732-510-1000

Davis, Saperstein & Salomon, P.C.

39 Broadway, Suite 520
New York, New York 10006
Phone: 212-608-1917

Davis, Saperstein & Salomon, P.C.

103 Carnegie Center, Suite 300
Princeton, New Jersey 08540
Phone: 1-800-LAW-2000

Davis, Saperstein & Salomon, P.C.

50 Tice Blvd., Suite 340
Woodcliff Lake, New Jersey 07677
Phone: 201-799-2369

Davis, Saperstein & Salomon, P.C.

One Gateway Center, Suite 2600
Newark, New Jersey 07102
Phone: 973-854-1000

Davis, Saperstein & Salomon, P.C.

Harborside Financial Center 2500 Plaza 5, 25th Floor
Jersey City, New Jersey 07311
Phone: 201-253-1023

Davis, Saperstein & Salomon, P.C.

33 Wood Avenue South, Suite 600
Iselin, New Jersey 08830
Phone: 732-379-5775

Davis, Saperstein & Salomon, P.C.

4400 Route 9 South, Suite 1000
Freehold, New Jersey 07728
Phone: 732-252-1158

Davis, Saperstein & Salomon, P.C.

1200 Route 22 East, Suite 2000
Bridgewater, New Jersey 08807
Phone: 201-907-5000

Davis, Saperstein & Salomon, P.C.

375 Cedar Lane
Teaneck, New Jersey 07666
Phone: 201-907-5000
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