Car Accident Lawyer in New Jersey

Car accidents do not just happen by accident. Car wrecks and collisions are caused by other drivers’ carelessness and negligence. In New Jersey and all other states, careless drivers causing accidents and injuries are held accountable to pay you money for your losses including, property damage, injuries, lost income, and your long-term pain and suffering. That money is usually paid by their insurance company and should be large enough compensation to pay you the full value of your injuries.

Insurance companies have made the laws complicated for an injured person to prove and win a personal injury settlement. For that reason, you are smart to research the right car accident lawyer to hire to handle your injury claim. At Davis, Saperstein & Salomon, the lawyer you hire will have the knowledge, skill, expertise, and support of more than 25 injury attorneys to go up against any of America’s largest insurance companies to prove and win your case to get you the money you deserve.

With nearly four decades of experience, the partners and associates of Davis, Saperstein & Salomon, PC have won over $1 billion in combined settlements and verdicts. The firm’s partners are all certified by the Supreme Court of New Jersey as Civil Trial Attorneys and not just names on billboards. They are experts in all types of motor vehicle cases including car, truck, bus, and motorcycle accidents. They accept your case on a percentage and do not get paid unless they win your case.

The first step is to get your questions answered for free and confidentially by a New Jersey car accident lawyer without any obligation on your part. That conversation will help you make your decision as to who to hire and your next step in the process. Delaying that decision never helps a case, it usually causes harm. Call Davis, Saperstein & Salomon, PC now for the legal advice you need.

Any compensation you receive for a car accident injury covers:

Firefighters helping victims of an auto accident

Past and future medical expenses
Lost wages and diminishment of future earning capacity
Pain and suffering
Loss of consortium
Other accident-related expenses
Wrongful death damages (if you lost a loved one)
Punitive damages

If you or a loved one has been involved in a car crash and would like to discuss your possible car accident case, contact us today. Our law firm can provide a free, no-obligation consultation at any one of our New Jersey offices. We can also meet in your home or the hospital, or we can speak by phone, Skype, FaceTime or GoToMeeting – whichever is most convenient for you.

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Why Should You Hire a Lawyer After a Car Accident in New Jersey?

While you may be able to handle a New Jersey car accident injury claim on your own in some very simple personal injury cases, working with a lawyer will usually be in your best interest. This is especially true if your crash resulted in serious personal injury or the loss of a loved one.

Insurance companies know what is at stake in auto accidents. They will aggressively protect their profits. Your lawyer, on the other hand, will protect you and seek the maximum amount for you. As a study by the Insurance Research Council found, car accident victims with legal representation typically collect insurance payouts that are, on average, 3.5 times higher than the payouts that people without a lawyer collect.

Throughout your case, an experienced New Jersey auto accident lawyer from Davis, Saperstein & Salomon, P.C., will provide many valuable services to you such as:

Conduct a thorough investigation of your car crash.

You should never rely on the police report or an insurance company’s findings. Your car accident attorney can conduct an independent investigation that gets the facts straight. The investigation can include collecting evidence from the scene, interviewing witnesses and consulting experts in accident reconstruction.

Assessing your physical, emotional and financial harm.

Your auto accident lawyer will review your medical records, consult with medical and life care-planning experts and take many other steps to determine the full extent of your damages.

Reviewing your New Jersey accident case with you.

You deserve a frank discussion about the options available to you and the potential value of your case. You also should know what steps will be involved in pursuing your options as well as how long your case may take to resolve. Your lawyer from Davis, Saperstein & Salomon, P.C., will make communication with you a top priority.

Filing all necessary accident reports and paperwork.

A car accident requires you to file and serve numerous documents with insurance companies, courts and other lawyers. Your attorney will make sure to properly and timely file all paperwork involved in your case.

Preparing your accident case for settlement.

At Davis, Saperstein & Salomon, P.C., we prepare cases for success at trial. This approach allows our lawyers to resolve many car accident claims through settlements.

Taking your case to trial.

Insurance companies often challenge liability or the amount of damages that a car accident victim seeks in a claim. If this occurs in your case, we will be ready to fight in court for the compensation that you and your family deserve.

In addition to these services, a New Jersey car accident attorney from Davis, Saperstein & Salomon, P.C., can assist you if you encounter problems with your motor vehicle repair or replacement or with your medical treatment. You can also expect to receive regular updates about your case and prompt responses to your questions.

Our accident attorneys represent personal injury victims and their families in New Jersey on a contingency fee basis. So, you will pay no legal fees unless we obtain a verdict or settlement for you.

How Do You Pursue Compensation After a New Jersey Car Accident?

When you get into a car accident in New Jersey, your first option is to file a PIP claim. You can receive these benefits regardless of whether you or someone else caused the crash. This is why people often refer to PIP benefits as “no-fault benefits.” Your New Jersey auto accident lawyer from Davis, Saperstein & Salomon, P.C., can help you to file this claim. Your attorney can also deal with your insurance company if you run into any obstacles with your claim.

If another driver caused an accident that harmed you or a loved one, you can sue the driver for economic damages. Depending on which auto insurance policy and “right to sue” option you have chosen, you can also sue the other driver for non-economic damages. In some situations, you may need to turn to your own UM/UIM coverage to cover the full amount of your damages.

Your ability to recover compensation in a personal injury or wrongful death claim will depend on whether you establish that the other driver was at fault. Some of the common causes of auto accidents are:

investigating new jersey car accident - abogado de accidentes de auto

Driver inattention
Driving at unsafe speed (given traffic and weather conditions)
Making a turn or lane change without checking mirrors or blind spots
Tailgating (or following too closely, which is a frequent cause of rear-end collisions)
Failing to yield the right of way
Failing to obey traffic signals

As our law firm investigates your case, we may discover that the underlying cause of an accident harmed you or a loved one was drunk driving, distracted driving or driving while overly fatigued. Additionally, we may discover that you can hold another party liable for your auto accident such as the driver’s employer or a business or social host who served alcohol to the driver. Our goal will always be to identify all parties responsible for the harm you have suffered and to determine all sources of compensation available to you.

Your own fault could be a factor in the amount of damages that you recover in a car accident lawsuit in New Jersey. Under the state’s modified comparative fault scheme, you can be barred from any recovery if you are more than 50 percent at fault for your crash. If you are less than 50 percent at fault, you can recover damages. However, your damages would be reduced according to the percentage of fault assigned to you.

New Jersey car accident lawyers Davis, Saperstein & Salomon, P.C., will vigorously protect your rights. We will aggressively fight any attempt by an insurance company to blame you for an accident and reduce the amount you recover.

Types of New Jersey Accidents We Handle

Car accidents
Motorcycle accidents
Semi-truck and commercial vehicle accidents
Uber & Lyft accidents
Bicycle accidents
Pedestrian accidents
Bus and public transportation accidents
E-scooter accidents
Multiple-vehicle crashes

The NJ auto accident attorneys at Davis, Saperstein & Salomon, P.C. have handled thousands of different traffic collision injury cases. Only one thing remains the same, no matter the type of case, the insurance companies are going to look out for their profits and not your recovery. Let us help you fight the insurance companies and get the compensation you need to recover from your auto accident injuries.

Car Accident FAQs

Should I report a hit-and-run to the police?

Yes, immediately. A police report is crucial for both legal and insurance purposes. Look for cameras and witnesses in the area.

Will the insurance company monitor my medical treatment?

Yes. The applicable PIP carrier may request records and even order an independent medical exam.

What if I have a pre-existing condition?

You can still recover damages if the accident aggravated your condition, especially if your pre-existing condition was asymptomatic.

Can I get compensation for future medical expenses?

Yes, if your injuries require ongoing treatment or surgeries this can be considered as future damage. Your future medical treatment may be covered by PIP as long as it is brought within the appropriate statute of limitations .

How do I prove my injuries were caused by the crash?

Medical records, objective medical tests such as MRI studies, EMG studies, together with expert opinions, and testimony help link injuries to the accident.

Will my treatment be limited under PIP?

Yes, after ten days post-accident, your treatment must be medically necessary and may require pre-certification and the New Jersey treatment care paths as promulgated by the New Jersey Department of Insurance and Banking.

What if I disagree with the PIP insurer’s medical exam?

You can challenge the findings and seek legal advice to protect your rights. If your benefits are cut off, your treating physician may hire lawyers who specialize in bringing PIP claims and arbitrating these claims on behalf of medical providers at no additional cost to you.

Can I choose my own doctor under PIP?

Yes, but it is wise to choose a doctor experienced in documenting your losses and appropriately billing the applicable PIP insurance carrier.

Do I need to see a doctor right away after an accident?

Yes. Prompt treatment helps your recovery and documents your injuries for your claim. Make sure that the doctor or medical facility bills your automobile PIP insurance carrier.

Can I sue a bar if a drunk driver injured me?

Yes, under NJ’s dram shop laws, if the bar over-served a visibly intoxicated person.

What is dram shop liability in NJ car crashes?

It holds bars or restaurants liable if they serve over serve alcohol to visibly intoxicated persons who then cause a crash resulting in injury or death. The laws also apply to liquor sales to minors.

Can mental health treatment be covered after a crash?

Yes, if it’s related to accident-related trauma and prescribed by a provider. People often suffer from PTSD and anxiety while driving.

Can I recover damages for a hit-and-run accident?

Yes, if the driver cannot be identified you can make a claim through your household automobile insurance policy uninsured motorist coverage for both injury and property damage.

What if I was injured in a parking lot accident?

You may be entitled to compensation if another driver or entity was negligent in the operation of their vehicle.

What if I was jaywalking when I got hit by a car?

Generally, if you cross within a crosswalk, you have the right-of-way. But, if you crossed midblock, you may still recover damages, but your compensation could be reduced if you were partially at fault.

What should I do if I’m injured as a pedestrian in a car accident?

Seek immediate medical attention and contact a personal injury lawyer. You may be covered under your own insurance or a New Jersey State insurance program known as PLIGA. Q42: Can I sue a driver who hit me while I was walking in NJ?

Can I recover damages if I wasn’t wearing a seatbelt?

Yes, but your compensation may be reduced under comparative negligence. It also depends upon whether you were a front seat or rear seat passenger.

Can I sue a rideshare driver for an accident in NJ?

Yes, if their negligence caused your injuries. Insurance coverage depends on their status in the app. In New Jersey, Uber and Lyft are required to carry a minimum of $1,500,000 in insurance coverage.

Are Uber or Lyft accidents handled differently?

Yes. Different insurance policies apply depending on whether the driver had a passenger or was waiting for a ride. In New Jersey, Uber and Lyft are required to carry a minimum of $1,500,000 in insurance coverage.

Is emotional distress compensable in NJ accident cases?

Yes, if it accompanies a physical injury or is significant and medically documented. Family members who witness the accident and are within the zone of danger can bring their own claim, commonly known in New Jersey as a Portee Claim.

Will the court award punitive damages in NJ car accident cases?

Rarely. Punitive damages apply only in extreme cases of gross recklessness or intentional harm. Insurance carriers normally do not cover punitive damage claims. They are often effectively used in the context of suing a drunk driver for their gross negligence or disregard for the safety of others.

What is a structured settlement?

An annuity payout over time rather than a lump sum, often used in larger cases or for minors. If done properly, a structured settlement is tax-free.

What if the insurance company denies my claim?

Most claims are denied based on liability and causation, meaning that the injuries were pre-existing. You then need to file a lawsuit with the help of a skilled and experienced personal injury lawyer.

What is subrogation in a car accident case?

It’s when your insurer seeks reimbursement from the at-fault party after paying your claim. This generally happens when your insurance carrier pays underinsured motorist coverage to you. For that reason, you must always get consent from your carrier when you settle a claim against a minimally insured defendant.

Can I sue a car manufacturer for a defect that caused my crash?

Yes, under a product liability theory, if a defect contributed to your injuries. You must take action to preserve your vehicle prior to repair.

What if I was hurt in a crash while visiting NJ?

You may still bring a claim under NJ law if the crash occurred in the state. In fact, under New Jersey’s “Deemer” law, you may be entitled to up to $250,000 in medical coverage.

Does New Jersey have a crash report database?

Yes. You can request reports from the NJ State Police or the local department. To understand the numbers on the perimeter of the report, see Police Crash Investigation Report Number Meaning in New Jersey

What if I was injured while using a rental car?

You can file claims with your own insurer, the rental company, or you can sue the at-fault driver.

Are school bus crashes treated differently?

Yes. Claims may be against the school district, requiring special procedures and deadlines and are subject to the New Jersey Torts Claims Act.

Can I file a claim if the accident involved a government vehicle?

Yes, but you must file a special notice of claim with the appropriate governmental agency within 90 days of the accident.

What if my child was injured in a car crash?

You can bring a claim on their behalf and recover for medical bills, pain, and suffering. In New Jersey, a minor can sue their parents for personal injuries suffered in a car accident.

Can I sue if I was injured in a company vehicle?

Yes. You may have both a workers’ comp claim and a third-party lawsuit. If you are injured in a company vehicle, your employer’s workers’ compensation carrier will select your treating physicians.

Can I sue if a loved one was killed in a car crash?

Yes. Under New Jersey law, you may have a wrongful death claim for your economic losses. You may also be entitled to partake in an award known as the survival claim, which includes the pain and suffering endured by the decedent. Generally, your relationship to the deceased, as well as the terms of any Last Will and Testament, will be relevant.

What if new injuries appear after my case is settled?

You are out of luck unless your case is a workers’ compensation case. Once a case is settled, the defendant is relieved of any further responsibility and payments.

Can I reopen my case after settling?

No. Unlike workers’ compensation cases, personal injury bodily injury settlements usually include a release preventing further claims. This is not true for PIP claims against your own carrier. You can reopen a PIP claim if it was brought within the last two years of your medical treatment.

What if I was unemployed when the accident happened?

You may still recover lost earning capacity if the injury affects future work ability. This gets a bit tricky if you are a gig worker or rely mostly on tips. Under those circumstances, your tax records may be relevant and helpful.

Can my lawyer negotiate my medical bills?

Yes. Many lawyers routinely negotiate with providers at the conclusion of your case to reduce bills and maximize your net recovery.

Will I have to pay taxes on my settlement?

Generally, personal injury settlements for physical injuries are currently not taxable.

What factors affect the value of my case?

Your age, injury severity, medical treatment, liability, insurance coverage, and impact on daily life.

How is the value of my car accident claim determined?

It’s based on medical bills, lost wages, severity of injuries, pain and suffering, liability, and the available insurance coverage.

Should I accept the first settlement offer?

No, unless it exhausts the full insurance coverage and you do not have UIM coverage in excess of the defendant’s coverage. Initial offers are often low. Consult a personal injury attorney before accepting.

What is an IME (Independent Medical Exam)?

An exam requested by the insurance company to evaluate your injuries and treatment. Never think of them as being truly “independent.”

Do I need to call the police after a minor accident in NJ?

Yes, if there is injury, death, or property damage over $500. A favorable police report will help your claim. Do not trust anyone to “settle it on the side without getting the insurance companies involved.” Often, a potential defendant will give false information or a false identity and a false statement as to how the collision occurred.

What does standard auto insurance in NJ cover?

Liability, PIP, and optionally, collision, comprehensive, and uninsured/underinsured motorist coverage. Do not confuse full coverage with having the best coverage. Often, people get minimum benefits and liability coverage but are “fully covered” as required by New Jersey Law.

Should I speak to the other driver’s insurance company?

No. It’s best to speak with an attorney first to avoid saying anything that could hurt your case. You must assume that anything you say to them will be recorded.

What types of damages can I recover in a car accident case?

Medical expenses, lost wages, pain and suffering, emotional distress, disfigurement, and loss of enjoyment of those activities that enrich your life. You can also recover any unpaid property damage, and more.

Can I still recover damages if I was partially at fault?

Yes. Under NJ’s comparative negligence rule, you can recover damages if you’re less than 51% at fault, but your compensation is reduced by the percentage of your own fault.

What qualifies as a permanent injury in NJ car accidents?

Death, dismemberment, significant disfigurement, displaced fractures, loss of a fetus, or permanent injury. Generally, injury to a disc, including herniate or bulging discs caused by the accident, will break the threshold. Other injuries include cartilage tears, hip injuries, and new injuries that aggravate pre-existing medical conditions, such as degenerative disc disease and prior injuries.

Can I sue the at-fault driver in New Jersey?

If you are involved in a collision with a commercial vehicle such as a truck or bus, you automatically have the right to sue for your pain, suffering, and economic losses. However, if you are subject to a “threshold” or Limited Tort Threshold, then you must “break” the “verbal threshold,” which requires a permanent injury to any single part of a person’s body. If the applicable No-Fault Insurance Policy purchased no no-tort threshold or “zero threshold policy”, then you and your resident relatives would have the unlimited right to sue option for permanent and non-permanent injuries as well as economic losses.

What is PIP insurance in New Jersey?

PIP stands for Personal Injury Protection. After a car crash, regardless of fault, PIP provides payment up to your applicable policy limits for your medical bills, lost wages, and essential services up to your policy limits. Often, a minimum PIP policy will provide for $15,000 in medical payments, $12 per day for essential services, such as domestic help and transportation, and $100 per week for lost wages. If a consumer of insurance desires better coverage, they can purchase PIP coverage up to $250,000 for medical expenses, $700 per week for lost wages, and $20 per day for essential services. These benefits apply to the insured individuals and the members of their household.

Is New Jersey a no-fault state for car accidents?

Yes, NJ is a no-fault state. Under New Jersey No-Fault Insurance Laws, your own insurance carrier provides Personal Injury Protection Coverage (PIP) that pays, regardless of fault, your medical bills, a portion of your lost wages, essential services benefits, and a death benefit. If you do not own a car, then you automatically are entitled to PIP benefits from any resident relative you reside with who owns a car registered and insured in New Jersey.

What is a letter of protection?

An agreement between your lawyer and a medical provider to defer billing until your case is settled. This is also known as a medical lien.

What should I do immediately after a car accident in New Jersey?

Call 911 and report the crash to the police, seek medical attention for yourself and any injured passengers, exchange information and photograph the other drivers’ license registration, license plates and insurance cards, document the scene, take photos of the vehicle positions, property damage, take a video statement from any eye witnesses with their name and phone numbers.

What Are New Jersey’s Auto Insurance Requirements?

All drivers must have proof of auto insurance to operate a vehicle. Your minimum coverage will depend on whether you have a Basic or Standard policy.

The minimum required insurance in New Jersey for a Standard policy includes:

Liability insurance – This coverage pays for others’ damages if you are responsible for the accident. The minimum requirements for bodily injury coverage are $25,000 per person and $50,000 per accident. It also requires $25,000 in property damage coverage per accident.
Personal injury protection – Personal injury protection (PIP) coverage pays medical expenses for you and others covered under your policy regardless of fault. You must have a minimum of $15,000 per person or accident.
Uninsured/underinsured motorist coverage – If you are involved in an accident with an uninsured or underinsured motorist, this coverage will apply. Uninsured/underinsured motorist coverage is available up to the same amounts as liability coverage.

For a Basic policy in New Jersey, you must have a minimum of:

Liability insurance – The minimum liability coverage on a Basic policy only pays for others’ property damages. This coverage is a minimum of $5,000 per person or accident.
Personal injury protection – Basic policies also must have a minimum of $15,000 per person or accident in PIP coverage.

Should I Get an Attorney After a New Jersey Car Accident?

Contacting an attorney is the smart decision whenever you are involved in a car accident, whether the crash was a fender bender or resulted in significant injury. Insurance companies will scrutinize everything you say and do to find a reason to deny you coverage. Additionally, you may not realize the complete value of your claim. A skilled personal injury attorney has the experience to be sure all your losses are taken into account.

After an accident, your focus should be on healing from your injuries and getting back to your routine. Hiring the right attorney takes the weight off your shoulders. Your attorney can:

Help you understand your police report, including the relevant auto insurance codes that indicate which insurance companies you’ll be in communication with
Communicate with your insurance company, the other driver’s insurer, and anyone else requesting information about the claim
Gather evidence and talk to witnesses
Represent you in settlement negotiations
Fight for maximum compensation in court

Can You File a Car Accident Claim Without a Police Report in NJ?

Some minor insurance claims may be filed without a police report. However, NJ law requires you to file an accident report with the police for all incidents with personal injury, death, or property damage over $500. Police reports can be crucial to defending your claim.

How To Get a Police Report for a Car Accident in New Jersey

You must file an accident report with the police within 10 days of an accident if it causes injury, death, or more than $500 in property damage. If you don’t file a police report in time, you can be fined up to $100. Your license may also be suspended or revoked.

After the police report has been completed and approved, you can request a copy in person, online, or by mail.

How Long Does It Take to Settle a Car Accident Case?

It varies, but most claims are resolved within several months to several years. Usually, higher value claims take longer to resolve.

How Long After a Car Accident Can You File a Claim for Injury in NJ?

You have two years from the date of the accident to file a personal injury claim. If a person is injured as a minor they have until their 20^th birthday to file a personal injury claim.

How much PIP coverage should I carry in NJ?

Generally speaking, the minimum PIP medical coverage is $15,000 per person, per accident, but higher limits offer better protection.

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

Understanding New Jersey Automobile Insurance / Car Insurance

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. Under the terms of your insurance policy, 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 30,000 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.

Can I get a rental car paid for after an accident?

Yes, if your policy includes rental coverage or if the at fault driver accepts liability. This is often resolved at the time of property damage negotiations.

How much does it cost to hire a personal injury lawyer in NJ?

Most work on a contingency fee, usually around 33% of what you recover, only if you win. In New Jersey, contingent legal fees are regulated by New Jersey Court Rule 1:21-7. If someone is injured as a minor, the percentage fee is 25% unless the case goes to trial. Lawyers do not get paid a legal fee for money paid by your PIP carrier, unless they are required to sue your insurance company to force them to pay your bills. If that is the case, then the carrier should pay your lawyers’ legal bills to enforce your insurance policy rights.

Do I have to go to court for my car accident claim?

Not always. Most cases settle out of court. But if you are injured, never file a claim in Small Claims Court because if you settle there, you will not be able to pursue a claim for personal injuries. Talk to a lawyer first.

What is discovery in a personal injury lawsuit?

A pre-trial phase where both sides exchange evidence, take depositions, and prepare for trial. An initial discovery period is 300 days with an automatic extension of 60 days by agreement of counsel and letter confirmation. Thereafter, discovery can only be extended by filing a Motion to Extend Discovery and receiving a court order extending the discovery to a new DED or discovery end date.

What’s the process for filing a car accident claim in NJ?

It typically involves investigation, filing a complaint in the Superior Court of New Jersey, Law Division, then 300 to 420 days of discovery, settlement negotiations, and possibly a civil jury trial.

How long does a car accident claim take to resolve in NJ?

It can take several months to several years, depending on the amount of available insurance, the nature and degree of your injuries, and the complexity of the legal issues. Your case could take years to resolve if your case requires a jury trial. Remember, insurance companies do not like to voluntarily pay what you may be entitled to. Often, it takes a lawsuit and a jury trial to get the justice you deserve and are entitled to.

What if the at-fault driver has no insurance?

You may be able to recover through your uninsured motorist coverage or the host vehicle’s uninsured motorist coverage.

Do I have to go to a specific doctor for PIP claims?

No, you are free to choose your own physicians. However, some policies recommend using radiology facilities for MRI studies within their specific network. We strongly recommend that you avoid using any medical providers recommended by a New Jersey No-Fault PIP carrier.

Can I use PIP for chiropractic or physical therapy treatment?

Yes, Chiropractic care and Chiropractic physicians are often a good choice for initially treating soft tissue injuries. Both Chiropractors and Physical Therapists must follow the medical care paths as promulgated by the New Jersey Department of Banking and Insurance (DOBI).

What happens if I own a car that is registered to me and is uninsured in NJ and I get hurt in a crash?

You may be barred from suing and limited in recovering damages — even if the other driver was at fault.

What if my medical bills exceed my PIP limits?

You may use health insurance or file a lawsuit if the injury qualifies under the verbal threshold. Often, doctors and medical facilities will accept a “lien” on your case, which means they will be paid from your portion of your final settlement.

Will my PIP cover other passengers?

Typically, yes, but it depends on the policy terms and whether they have auto insurance or reside with a relative who owns a New Jersey-insured car.

What is the difference between “limitation on lawsuit” and “no limitation”?

“Limitation” restricts your right to sue unless you suffer a permanent injury. “No limitation” gives you full rights regardless of injury severity.

What is “medical provider reimbursement” under PIP?

PIP reimburses medical providers based on a fee schedule, often less than billed charges. They must submit their medical bills to the appropriate PIP carrier within 21 days after they provide their first treatment.

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. Also take photographs area surveillance cameras that may have captured footage of your collision.

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.

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

This happens frequently. Whether in Newark, Hoboken, Jersey City, or another community, 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 with the investigating police department. An experienced auto accident lawyer 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 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 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 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.

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.

Does the at-fault driver’s insurance cover the injured motorists in New Jersey?

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. As a matter of fact, this is exactly the explanation of the law that is read to a jury by the judge before they begin their deliberations.

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 negotiations.

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 30,000 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 (2) years. However, if the injured person was under the age of 18 when the injury occurred, they may have until age 20 to bring a claim. 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 car or 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 and truck 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 before 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 sufficient 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 30,000 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.

Any compensation you receive for a car accident injury covers:

We Get Results

$20,400,000

$5,750,000

$1,500,000

$1,500,000

Why Should You Hire a Lawyer After a Car Accident in New Jersey?

Throughout your case, an experienced New Jersey auto accident lawyer from Davis, Saperstein & Salomon, P.C., will provide many valuable services to you such as:

Conduct a thorough investigation of your car crash.

Assessing your physical, emotional and financial harm.

Reviewing your New Jersey accident case with you.

Filing all necessary accident reports and paperwork.

Preparing your accident case for settlement.

Taking your case to trial.

What Type of New Jersey Auto Accident Insurance Policy Do You Have?

Understanding New Jersey Automobile Insurance

Generally, an auto insurance policy in New Jersey will include one or more of the following five types of coverage for motor vehicle accidents:

When you buy auto insurance in New Jersey, you can choose between two types of policies:

Are you ready to discuss your case? Contact us now to set up a free consultation.

How Do You Pursue Compensation After a New Jersey Car Accident?

Your ability to recover compensation in a personal injury or wrongful death claim will depend on whether you establish that the other driver was at fault. Some of the common causes of auto accidents are:

Types of New Jersey Accidents We Handle

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What Steps Should You Take After a New Jersey Car Accident?

As you prepare for your free consultation with an accident injury lawyer from our firm, please consider taking the following steps:

01 | Get medical treatment.

02 | Notify insurance company.

03 | Get copy of police report.

04 | Keep all records and other evidence.

05 | Write it down.

06 | Avoid social media.

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