Car Accident FAQs
When you are involved in a motor vehicle accident, the aftermath of the collision is overwhelming. You need to take appropriate (and immediate) steps to protect your right to receive compensation for losses you sustained as a result of the accident. You also need to understand what options you have for making a claim for damages, either from your own insurer or from the insurer of any drivers or other defendants who played a role in harming you.
Every car accident case is different, and your right to compensation will depend upon the facts of the specific case. A New Jersey car accident lawyer at Helmer, Conley & Kasselman, PA can provide you with personalized one-on-one answers and a case evaluation of your specific claim so you'll best understand how to move forward. Your consultation is free, so you should call as soon as possible when a collision occurs. You can also review some frequently asked questions about car accidents to get an idea of how New Jersey laws protect victims of collisions.
Who Pays for Medical Bills and Other Losses After a New Jersey Car Accident?
New Jersey is a choice “no fault” state, which means when you bought your car insurance you got the opportunity to choose whether to opt into or out of the no fault system. If you opted in, you can file a lawsuit after a car accident only if you experienced significant injuries, including:
- Permanent disfigurement
- Other permanent injuries
- Displaced fracture
- Loss of a fetus
It is important to note that under the law an injury is permanent if “it has not healed to function normally and will not heal to function normally with further medical treatment.” Proof of this is complicated and requires attorneys experienced in medical proof. The attorneys at Helmer Conley & Kasselman have successfully dealt with proof of permanent injury.
If you suffered a serious injury and the other driver was responsible, that driver's insurer should pay for medical bills and other losses. However, if your injuries weren't serious, then your own insurer will pick up the tab for medical bills. If you opted out of no fault coverage, you can sue and hold the other driver accountable for the costs of all injuries.
What Should I Do After a New Jersey Car Accident?
After a New Jersey car accident, take photographs at the scene of the crash when possible. Contact the police and get a written accident report. Exchange contact information and insurance details with the other driver and call your own insurer. You should also see a doctor, even if your aches and pains are minor, as symptoms may not go away or injuries may be more severe than you initially realize. By going to a doctor right away, you get a written record of your car accident injuries so you can later prove they were related to the crash.
Should I Talk To The Insurance Company After a Car Accident in New Jersey?
You will have to deal with your own insurer and perhaps the insurer of the other driver after a collision. However, you don't want to accidentally say anything that adversely affects your right to compensation. Provide basic, truthful and brief information about the crash but refrain from going into a lot of detail until you have spoken to a car accident attorney who can offer you advice on how best to deal with the insurers involved in your case.
Should You Accept a Car Accident Settlement?
Before you sign any papers with any insurance company, you need to know your rights and understand the full extent of damages and losses. You can't undo a settlement or change your mind and go back to try for more money because settling your case involves signing a release of liability. Speak with a car accident lawyer at Helmer, Conley & Kasselman, PA before you agree to a settlement so you can ensure you are getting the compensation you deserve.