Most drivers in Union and throughout New Jersey know that negligent drivers are sometimes unavoidable. If someone causes you unexpected damages, our attorneys can help you file a claim against them.
While no one wants to be involved in a car accident, it is important to be prepared just in case. Knowing what to do following a collision can not only help keep you safe but also start building the foundation for your legal claim. Report what you know to the police and talk to witnesses if any stopped. Get medical treatment immediately from the scene and then contact our team. We can explain the state’s complex insurance rules and how they sometimes limit victims’ right to sue. Our lawyers know how to overcome them to get your case in court.
For a private, free case review today with our car accident attorneys, call Agrapidis & Maroules, P.C. at (201) 777-1111.
What to Do After Getting Injured in a Union, NJ Car Accident
Time is always of the essence when another driver injures you. Virtually everything you do regarding the accident will be important, so it is best to be ready if you are injured in one. Call 911 following the crash to get on-the-scene care and report the crash to the police. Before going to the hospital, if your injuries warrant it, exchange information with the other driver and witnesses, but do not discuss the details with them. After filing your claim against the other driver, our car accident lawyers will handle evidence collection and prepare you to make statements. We will also determine whether your car insurance impacts your right to file a lawsuit and how to overcome that barrier.
Call 911
Calling 911 and reporting an accident in which you are injured to the police is not just a good idea; it is the law. According to N.J.S.A. § 39:4-130, any vehicle accident where a participant is injured or killed or the property damage totals more than $500 must be called to the police so that they can file a report. Reporting your accident to the police is critical to get what you know recorded at the onset of your case. The police will include what you observed before, during, and after the accident in the report, as well as their own observations and contact information for the other driver and witnesses.
The facts and observations in your police report can be incredibly helpful during an accident claim. They often provide detailed information about the scene and the defendant’s state at the time. It will also note whether the police cited the other driver for the crash. Most importantly, reporting your accident immediately following it will build your case’s credibility. Insurance companies and the courts will be suspicious of claims reported much later after the accident, so do not hesitate when you are injured.
Gather Information
Depending on the accident, you might have some time to speak to the negligent driver and witnesses while waiting for emergency services. Keep it brief when talking to the other driver. There is no need to discuss who did what and why. You will not settle the case on the scene and, at worst, will say something that might cost you compensation later. The driver’s name, contact information, and insurance details will suffice.
Follow these basic rules while speaking to witnesses. However, you can get notes about what they saw during the accident; just do not offer too many details yourself. Again, get their names and contact details, and our team will call them and discuss the accident to see what might help.
Get Medical Attention
Whether or not you get treatment on the scene, you should seek medical attention after your crash if you suffered significant injuries. Medical treatment after a serious accident is paramount to your health and the medical records become the evidence needed to have a successful case with compensation.
Contact Our Attorneys
After you are discharged from the emergency room, contact our firm to determine the best way to proceed with your claim. Although you might want to file a lawsuit immediately, we must first review your policy and file with your car insurance company. “No-fault” insurance rules dictate how victims must go about recovering compensation. First, we will typically file a claim with your insurance for “personal injury protection” coverage, which will compensate for necessary medical expenses and some of your lost wages. Because your insurance compensates you initially, liability need not be shown at this stage.
However, car accident victims often have many more damages than these basic economic ones, like physical pain from their injuries and emotional suffering. Unfortunately, no-fault insurance does not cover non-economic losses. In fact, it will generally not cover all your lost income and will only cover medical bills up to your policy limits. Victims must cover these additional losses through a lawsuit.
The problem with no-fault rules is that they automatically bar some victims from filing a lawsuit. According to § 39:6A-8(a), crash victims with an insurance policy that includes a “limitation on lawsuit” option can only file a lawsuit if they show that they sustained “serious” injuries. The good news is that several classes of injuries qualify as serious under the law’s definition.
You need not worry about the serious injury threshold if your insurance policy includes the “no limitation on lawsuit” option. Under § 39:6A-8(b), you can select an insurance policy option that gives you the right to recover both economic and non-economic damages.
If you follow the above steps, we should have plenty of time to file your lawsuit with the court. Suppose your injuries or other circumstances prevented you from starting your claim immediately. In that case, we will want to act quickly so that your claim is filed before the “statute of limitations” closes. Under § 2A:14-2(a), you have only two years from the date of the crash to file your case, or your case will not be heard.
Contact Our Union, NJ Car Accident Lawyers Today for Help with Your Claim
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free review of your case with our car accident lawyers.