What To Do After a Car Accident in New Jersey?

Being involved in a car accident—whether minor or severe—can be stressful and confusing. Knowing the right steps to take immediately can protect your financial interests, health, and legal rights.

New Jersey has specific laws governing accidents, insurance claims, and the determination of fault. Failing to follow proper procedures could hurt your ability to recover compensation.

This step-by-step, comprehensive guide explains exactly what to do after a car accident in New Jersey, including matters relating to safety measures, legal requirements, insurance claims, and hiring a personal injury attorney.

Steps To Take After the Accident

The moments immediately following a collision are chaotic, but your initial actions can significantly impact your safety, legal rights, and the outcome of your insurance claim.

Follow the steps mentioned below to protect yourself and comply with New Jersey traffic laws (N.J.S.A. 39:4-130).

Step 1. Check for Injuries & Call 911

Leaving the accident scene may be punishable by fines, license suspension, or even jail time.

• Assess yourself first, then check passengers and others involved.
• Do not move injured people unless there’s immediate danger (fire, smoke, or hazardous traffic).
• Under N.J.S.A. 39:4-130, you are legally required to notify law enforcement and call 911 immediately after a car accident, if there is a personal injury or damage to property in excess of $500.00.

Step 2. Secure the Accident Scene

• Switch on your hazard lights to warn approaching vehicles.
• Use road flares or reflective triangles if available (especially at night or on busy highways like the NJ Turnpike).
• Move vehicles to the shoulder only if:
• No one is injured,
• The cars are drivable, and
• It’s safe to do so.

Step 3: Document the Scene

• Capture photos or videos of the vehicle damage, license plates, road conditions, injuries, traffic signs, weather conditions, skid marks, and the surrounding area.
• These visuals can be vital for insurance claims and potential legal action.

Step 4. Exchange Information

While waiting for the police, collect:

• Driver’s license information, insurance information, and registration of other drivers
• Contact details (phone/email) of all drivers, passengers, and other witnesses

Step 5: Notify Your Insurance Company

• New Jersey follows a no-fault insurance system. Promptly inform your insurer, even if you’re not responsible.
• Failing to report could jeopardize your coverage, especially for medical bills under your PIP (Personal Injury Protection) policy.

Step 6: Seek Medical Attention Immediately

• Even if you feel no instant pain, injuries like whiplash, concussions, or internal trauma may show up hours or days later.
• Medical documentation from the start will protect both your health and your legal rights.

Step 7: Get a Copy of Your Police Report

You can typically obtain your crash report from:

• The New Jersey State Police Crash Report Portal (for accidents on highways)
• The local police department that responded to your accident

What If the Police Don’t Come?

If the accident is minor (with no injuries or minimal damage), the police may not respond, especially during high call volumes. In that case, you’re still legally required to self-report the accident within 10 days using the Self-Reporting Crash Form (SR-1), available from the:

• New Jersey Motor Vehicle Commission (MVC)
• Your local police department

Step 8: Contact a Car Accident Lawyer

• New Jersey’s insurance and injury laws are complex.
• An avid personal injury lawyer can help protect your rights, especially if:
• You suffered serious injuries.
• Fault is disputed.
• The insurance company is delaying or denying claims.

Common Mistakes To Avoid After a Car Accident in New Jersey

The following are common mistakes to avoid after a car accident:

• Leaving the Scene – Never drive away before exchanging information and reporting the accident, unless it’s unsafe to remain. Leaving the accident scene can lead to a Summons.
• Not Calling the Police – Even if the damage or injuries seem minor, always call 911 or local law enforcement. A police report is a critical piece of evidence for insurance and legal claims.
• Apologizing or Admitting Fault – Avoid saying “I’m sorry” or admitting blame at the scene. Fault is determined through investigation, and admissions can be used against you.
• Ignoring Medical Treatment – Don’t assume you’re uninjured. Some injuries result in delayed symptoms. Skipping a doctor’s visit can harm your health and weaken your insurance or legal case.
• Speaking Too Freely to Insurers – Insurance adjusters may look for statements to minimize your claim. Stick to facts, avoid speculation, and don’t admit fault or downplay injuries.
• Missing Deadlines for Reporting or Filing Claims – Delays in notifying your insurer or filing official crash reports can lead to denied benefits or legal claims. Know and follow all New Jersey deadlines strictly.

New Jersey Law for Reporting a Car Accident

In New Jersey, failing to report a car accident when required can lead to serious legal consequences. Whether you’re dealing with minor fender-benders or significant damage, understanding the legal reporting requirements under N.J.S.A. 39:4-130 is essential.

When and How To File a Crash Report in New Jersey

If law enforcement does not file a police report at the scene, a driver or vehicle owner must file a report with the New Jersey Motor Vehicle Commission (MVC) within 10 days of the accident if it meets any of the following conditions:

• Someone is killed or injured.
• Property damage exceeds $500.
• A vehicle cannot be safely driven away from the scene.
• A driver appears to be under the influence of drugs or alcohol.

To file your crash report:

• Use the New Jersey Self-Reporting Crash Form (Form SR-1).
• Submit it to the New Jersey Motor Vehicle Commission (MVC).
• Keep a copy for your records and one for your insurance company.

You can download the SR-1 form directly from the NJ MVC website or pick it up at a local police department.

Penalties for Failing to Report a Car Accident in NJ

Failing to report a qualifying accident can result in:

• Fines up to $100
• License suspension
• Points on your driving record
• Potential civil liability complications if legal action follows later

Understanding New Jersey’s No-Fault Insurance Rules

In NJ, every standard auto insurance policy includes Personal Injury Protection (PIP) coverage. This is designed to provide immediate benefits after an accident without requiring proof of fault.

Your PIP coverage may help pay for:

• Medical bills (doctor visits, hospital stays, rehab, prescriptions)
• Lost income, if you can’t work due to your injuries
• Essential services, like childcare or household help if your injuries prevent daily tasks
• Funeral expenses

When Can You File a Lawsuit After a Car Accident in NJ?

Even under the no-fault system, you can still sue the at-fault driver under certain circumstances:

You may file a personal injury lawsuit if you maintain the zero threshold or if the vehicle was a commercial one and/or if you suffer:

• Permanent injury (e.g., loss of a body part or function)
• Significant disfigurement or scarring
• Displaced fractures
• Loss of a fetus
• Death of a loved one (wrongful death claim)

New Jersey’s Statute of Limitations

Typically, in New Jersey, you have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline typically means you lose your right to sue forever.

Consult a car accident lawyer in New Jersey to ensure deadlines are met and your claim is protected.

Types of Compensation You May Be Eligible for After a Car Accident

After a car accident in New Jersey, you may be entitled to recover several types of damages to help cover your losses and hardships. Understanding what compensation is available helps you make informed decisions when filing claims or pursuing legal action.

Medical Expenses

This includes:

• Hospital stays
• Emergency room visits
• Doctor appointments and specialists
• Physical therapy and rehabilitation
• Prescription medications and medical devices

Lost Income

If your car accident injuries keep you from working, you may be eligible to recover compensation for:

• Wages lost during recovery
• Reduced earning capacity, if you suffer long-term disability or impairment
• Lost benefits such as bonuses or commissions

Pain and Suffering

This compensates for the physical pain, emotional distress, and loss of enjoyment of life caused by your injuries. Determining pain and suffering can be complicated. It requires legal guidance to help you secure a fair settlement.

Property Damage

You can be reimbursed for repairs or replacement of your vehicle and any other personal property that was damaged. This claim is typically handled through your collision coverage or the at-fault driver’s liability insurance.

Out-of-Pocket Expenses

You may recover any additional costs directly related to the accident, such as:

• Transportation to medical appointments
• Home care or assistance with daily activities
• Modifications to your home or vehicle due to disability

Wrongful Death Claims

If a loved one dies because of the accident, family members may be eligible to pursue wrongful death damages, which can cover:

• Funeral and burial expenses
• Loss of financial support
• Emotional suffering and loss of companionship

Reporting a Car Accident to Your Insurance Company

After a car accident in New Jersey, reporting the incident to your insurance company is a non-negotiable step—and timing is everything. The way you handle this call can directly affect your PIP benefits and the success of your claim.

What To Say—And What NOT To Say

Do:

• Provide the basic facts: time, date, location, and parties involved
• Mention whether a police report was filed
• Confirm if you sought medical attention
• Ask for your claim number and adjuster’s contact info

Don’t:

• Admit fault
• Speculate about what caused the accident
• Discuss your injuries in detail before a full medical evaluation
• Say things like “I’m fine” or “I don’t think I’m hurt” (it can be used against you)

When To Call a New Jersey Car Accident Attorney

Not every accident requires a lawyer, but certain situations call for professional legal help to protect your rights, maximize your compensation, and navigate New Jersey’s complex laws.

You Should Consider Calling an Attorney If:

• You suffered serious or permanent injuries that affect your life or ability to work.
• There is a dispute about who caused the accident, or if the other party denies fault.
• Your insurance company offers a lowball settlement that doesn’t cover your damages.
• You need to file an Uninsured Motorist (UM) or Underinsured Motorist (UIM) claim due to the at-fault driver lacking sufficient insurance or not maintaining insurance.
• The accident involved fatalities or catastrophic injuries.

How a Lawyer Can Help

An adept New Jersey car accident attorney will:

• Conduct a thorough investigation of the car accident to determine fault
• Gather and preserve key evidence, including police reports, medical records, and witness statements
• Negotiate with insurance companies to protect your rights
• Provide legal guidance to help maximize your compensation
• Represent you in court when filing a lawsuit becomes necessary

Contact Attorney Howard N. Sobel After a Car Accident

At the Law Office of Howard N. Sobel, we offer experienced and compassionate legal representation to individuals injured in car accidents across New Jersey. If you or a loved one has been hurt due to another driver’s negligence, don’t navigate the legal process alone.

Contact our office online or call us at 856-424-6400 to schedule a free initial consultation. Evening and weekend appointments are available upon request. We proudly accept all major credit cards.

Let us help you protect your rights and pursue the compensation you deserve.