When you're involved in an auto accident in New Jersey, the process of filing a motor vehicle accident claim can be confusing and stressful. Many people, unfamiliar with the legal system, unintentionally make mistakes that can harm their ability to recover the compensation they’re seeking.
In this blog, we’ll cover common pitfalls people encounter during auto accident claims and provide tips on how to avoid them. This will help you understand your rights and ensure your claim is handled effectively.
Failing to Get Medical Attention Immediately
After an auto accident, it’s a mistake to delay medical attention. Certain injuries, like internal organ damage or herniated discs, may not show immediate symptoms but can worsen over time. For instance, internal bleeding may take hours or days to become noticeable, and nerve injuries could manifest later as chronic pain. Ignoring these symptoms might not only worsen your health but also complicate your motor vehicle accident claim. Immediate treatment provides essential medical records, helping to prove that your injuries were a direct result of the crash.
Failing to Report the Accident to the Police
In New Jersey, it’s vital to report any accident involving injuries, significant property damage, or death to the police. Failing to do so can leave a crucial gap in your motor vehicle accident claim. The police report provides an objective account of the accident, which can help establish fault and details that are crucial to your case. Typically, it takes around 7 to 10 business days to obtain a police report in New Jersey. Always contact law enforcement, even if the damage seems minor, to protect your rights and ensure accurate documentation.
Avoid Admitting Fault at the Scene
One of the biggest errors after an accident is admitting fault, even unintentionally. Even if you think you contributed to the crash, it's important not to make any statements regarding responsibility until you know the true cause of the crash. In New Jersey, under modified comparative negligence laws, if you're found partially at fault, your compensation could be reduced, or you might lose the right to recover damages if you're more than 50% responsible.
Instead, exchange information with the other driver and let law enforcement determine fault. Your auto accident lawyer will assess the details and guide you through your claim.
Not Collecting Adequate Evidence
Another major pitfall in motor vehicle accident claims is the failure to gather evidence at the scene. Evidence is crucial for building a strong case, whether you're dealing with insurance companies or pursuing legal action. After the accident, if you're able, take pictures of the damage to all vehicles involved, the surrounding area, road conditions, and any visible injuries. If there are witnesses, collect their contact information, as their statements may help corroborate your version of events.
This evidence can support your claim and demonstrate the extent of the damage and injuries, making it harder for insurance companies to deny or minimize your claim.
Waiting Too Long to File a Claim
Timing is everything when it comes to filing a motor vehicle accident claim. In New Jersey, the statute of limitations for personal injury claims is two years from the date of the accident. Failing to file your claim within this timeframe could result in losing your right to seek compensation for your injuries and other losses. Additionally, delaying the process may weaken your case, as evidence can be lost, memories can fade, and witnesses may become harder to contact.
If you’re unsure about the timeline or legal requirements, contact an auto accident lawyer as soon as possible to ensure you meet all necessary deadlines.
Speaking With Insurance Companies Without Legal Representation
After an auto accident, you’ll likely be contacted by the other driver’s insurance company. It’s important to remember that their goal is to minimize the payout, not to protect your interests. One common mistake people make is giving recorded statements or accepting settlement offers without first consulting with a personal injury lawyer. Insurance adjusters may interpret your statements in a way that weakens your case or use them to justify reducing or denying your claim.
Always consult with a skilled attorney before speaking to insurance companies. Your lawyer can handle communication on your behalf, ensuring that nothing you say can be used against you. This also protects you from accepting a lowball settlement offer before you know the full extent of your injuries and damages.
Accepting the First Settlement Offer
After an accident, financial pressures may tempt you to accept the first settlement offer from the insurance company. However, this is often a mistake. Insurance companies tend to offer low initial settlements that don’t fully account for future medical expenses, lost wages, or other long-term costs related to your injuries.
Before accepting any settlement, speak with an experienced auto accident lawyer who can assess whether the offer is fair. A lawyer will review your medical records, calculate your current and future expenses, and negotiate with the insurance company to ensure you receive the compensation you're seeking.
Not Understanding New Jersey’s No-Fault Insurance Rules
New Jersey operates under a no-fault insurance system, which means your own insurance company will cover your medical expenses and lost wages up to your policy’s limits, regardless of who was at fault. This system is designed to streamline the claims process, but it can also create confusion for auto accident victims. Many people don't realize that if their injuries meet certain criteria, they can step outside the no-fault system and pursue a claim against the at-fault driver.
New Jersey’s serious injury threshold allows you to pursue a claim if your injuries result in permanent disfigurement, significant scarring, fractures, or permanent loss of a bodily function. Understanding these rules is crucial, and an auto accident lawyer can guide you through the process to ensure your claim is handled properly.
Not Hiring an Experienced Auto Accident Lawyer
Perhaps the biggest mistake anyone can make after an auto accident is not hiring an experienced auto accident lawyer to represent them. Navigating New Jersey’s auto accident laws, dealing with insurance companies, and proving the extent of your damages can be overwhelming without professional help. A skilled lawyer will gather evidence, communicate with the insurance companies, and ensure that all legal requirements are met.
By hiring a lawyer, you increase your chances of recovering the compensation you're seeking and avoid common pitfalls that can hurt your claim.
Injured in an Auto Accident? Contact the New Jersey Personal Injury Lawyers at Lipari & Deiter for Skilled Legal Representation
Navigating the process of filing a motor vehicle accident claim in New Jersey can be overwhelming. Any missteps could jeopardize your chances of securing the compensation you need. Ensuring you seek medical attention promptly, report the accident, gather solid evidence, and enlist the help of a knowledgeable auto accident lawyer will help you avoid common mistakes and build a strong case.
If you've been involved in an accident, reach out to Lipari & Deiter for experienced legal guidance. Call us at (609) 645-9400 or fill out our secure contact form to schedule a consultation.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.