New Jersey Car Accident Checklist - What To Do After A Car Accident
The first thing you should do after a car accident is to ensure everyone is safe. Check on your injuries and the other driver if another car was involved. Human safety is of paramount importance.
If you’ve been hit by another car, you are entitled to fair compensation. An experienced car injury attorney can file your case and represent you in court.
However, the actions you take immediately after a car accident can impact the final outcome of your case. In order to ensure your health is protected – as well as your right to a full and fair recovery of your damages – the attorneys of Davis, Saperstein & Salomon, P.C., encourage you to refer to the car accident checklist below:
11 Steps To Take After A Car Accident
Assess everyone in your vehicle for injuries.
If any person is injured, call 911 immediately for medical assistance. Your call will also alert the police. The accident report prepared by the responding law enforcement officer will be an important piece of evidence in your injury case.
Ensure you and your passengers are evaluated by a doctor right away.
You may believe you are unharmed after a crash. However, some types of injuries cannot be visually detected. For instance, closed head injuries can involve heavy bleeding that may be unknown to the victim and detectable only through certain medical tests. Make sure to retain all documents related to your treatment.
If you are able, take numerous photos of the accident scene.
Before vehicles are moved, take photos that document the position of the vehicles, skid marks on the roadway and other details of the accident scene. These photos can be extremely important when it comes to investigating the crash and consulting with accident reconstruction experts.
Gather the names, phone numbers and addresses of all witnesses.
Witness statements can be crucial in a car accident case. Gathering the details about eyewitnesses can allow your lawyer to make contact and take a statement before memories fade.
Exchange insurance information with the other driver(s).
You are required to provide this information. Getting insurance information from the other party (or parties) will allow your lawyer to begin communication with the other party’s insurers and determine the policies that apply to your case.
Cooperate with law enforcement.
You must provide basic, requested information to the responding law enforcement officer so that the officer can prepare an accident report. Remain calm and answer questions truthfully. Stick to the facts. Do not give an opinion as to who was at fault for the crash. You should request a copy of the report within 1-2 days after the accident.
File a written accident report.
You are required under New Jersey Law to file a written report regarding your accident if it involves an injury or death or involves property damage valued above $500. You have 10 days from the date of the accident in which to file the form. Your attorney can help you with this critical step. There are penalties for failing to file this report within the time limits. If a law enforcement officer has submitted a written report, you are not required to file the form.
Call your insurance company.
You are required to report the accident to your auto insurance company. You will also be contacted by the other party’s insurance company. Do not provide any recorded statement without first talking to your lawyer. Inform any insurance company representatives who contact you that your lawyer will contact them.
If you get a settlement offer, don’t accept it until you speak with an attorney.
Once you accept a settlement offer from an insurance company and sign a release form, you lose the right to pursue additional compensation. This can be devastating if it takes you longer to recover from your injuries – and costs more – than you initially expect. An attorney should review the settlement offer first and help you to determine whether it will fully compensate you for your damages.
Write down everything you recall about what happened.
It is important to document your memories of the accident as early as possible after it has occurred. One aspect of shock is that memories can become hazy or buried. Keep a written log of your medical treatments, pain or discomfort and the impact of the injuries on your ability to perform your normal daily tasks or your duties at work.
Get help from a car accident lawyer you can trust.
You should not delay getting legal representation. Several issues may need to be addressed very early in your case such as preserving evidence and dealing with insurance companies. Your lawyer will handle all of the details for you while you focus on healing from your injuries.
Car Accident FAQ
Car Accidents
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. 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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
