Do I Have a Car Accident Claim?
New Jersey averages more than 280,000 accidents a year involving cars, but only one in every three victims is fully compensated. To the surprise of many, insurance providers reject 45 percent of first-time applications to cover the injuries in the state, which leaves many with no knowledge of what to do. After a crash, you may not realize all you can earn. Do I Have a Car Accident Claim? This checklist will give you the five major indications that you have a car accident claim, specific rules about New Jersey, and what you can do to defend your rights being a resident of Perth Amboy.
5 Indicators of a Strong Car Accident Claim
1. Other Driver Caused the Accident
Any definitive evidence of negligence, such as a police report, testimonies of other people, or even dashcam videos, increases your claims. As an example, in Newark, where a driver ran a red light, you can probably sue.
2. You Have a Record of Injuries
ER visits, doctor diagnoses or ongoing treatments (e.g. physical therapy of whiplash) are important medical documentation. Even less serious wounds such as sprains are eligible as long as they are reported.
3. You Acted Quickly
New Jersey’s Personal Injury Protection law requires seeking medical care within 14 days of the accident to qualify for coverage. Prompt action signals seriousness to insurers.
4. You’re Within the Statute of Limitations
You have two years from the accident date to file a lawsuit. Missing this deadline typically voids your claim.
5. Your Damages Exceed PIP Coverage
PIP covers up to $250,000 for medical bills, but serious injuries often exceed this. If you face high medical costs or lost wages, a lawsuit can recover additional damages.
New Jersey’s Unique Laws: What Changes Your Car Accident Claim
1. No-Fault System vs. Right to Sue
New Jersey’s no-fault system requires drivers to carry PIP insurance, which covers medical bills regardless of fault. However:
- Limited Tort Option:
Restricts lawsuits to “serious injuries” like death, dismemberment, displaced fractures, or permanent disfigurement. - Unlimited Tort Option:
Allows you to sue for any injury, including pain and suffering, if chosen at policy signup. Check your policy to confirm your tort status, as it impacts your right to sue.
2. Modified Comparative Negligence
If you’re partially at fault, your compensation reduces proportionally. For example, if you’re 20% responsible, you recover 80% of damages. If you’re over 50% at fault, you’re barred from recovery.
The Personal Injury Lawyers in Linden, NJ, are here to help you seek justice with their expertise!
Claims That Get Denied (And How to Fight Back)
Denial Reason | Solution |
Pre-existing condition | Medical expert testimony to prove the accident aggravated your condition |
Low-impact crash | Biomechanical engineer analysis to show injury likelihood |
Shared fault | Evidence like cell records or traffic cams to clarify liability |
Missed deadlines | Cite legal exceptions (e.g., minors or mental incapacity) |
The Real Value of Your Claim: NJ Compensation Breakdown
Damage Type | Average Compensation |
Medical Bills | $15,000–$500,000+ |
Lost Wages | 1–3x annual salary |
Pain & Suffering | $20,000–$1M+ (based on severity) |
Permanent Disability | $100,000–$5M+ |
Severe cases, like spinal injuries from a Perth Amboy crash, can yield multimillion-dollar settlements. The Personal Injury Lawyers in Roselle, NJ, can help you with your accident claim!
3 Costly Mistakes After a NJ Crash
- Talking to Insurers Alone:
Adjusters record calls to twist your words, reducing payouts. - Posting on Social Media:
A post saying “I’m fine!” can be used to deny injury claims. - Settling Too Fast:
Signing a settlement locks you out of future claims, even if injuries worsen.
How to Start Your Claim: 3 Simple Steps
- Call (732) 442-5900:
Get a free 15-minute case review. - Preserve Evidence:
We guide you via text or email to collect photos, reports, and witness contacts. - Focus on Healing:
We handle insurers, paperwork, and deadlines.
Contact CourtLaw injury lawyers at Paterson, NJ, and start your claim!
The Final Words
Do I Have a Car Accident Claim? If you’re reading this, you likely have a valid car accident claim in New Jersey. Delaying action risks losing evidence, missing deadlines, and accepting lowball offers. Don’t guess, get certainty with CourtLaw’s Car Accident Lawyers’ expertise to maximize your compensation while you focus on recovery.