New Jersey Car Accident Lawyer

Who pays my medical bills after a New Jersey car crash?

Your own auto insurer, through personal injury protection, usually pays first. New Jersey requires PIP on auto policies, and it covers reasonable and necessary medical treatment for crash injuries regardless of who was at fault, up to your policy limit.

Many drivers do not realize how their PIP choices affect them until after a crash. Some chose a lower PIP limit to save money. Others chose to make their health insurance primary for crash injuries. Insurers also use treatment protocols that may require you or your doctor to request approval before certain tests or procedures. Missing those steps can lead to denied bills. Our team helps clients understand their PIP options and avoid gaps.

PIP covers more than drivers. Passengers and, in many cases, pedestrians struck by a car can also receive PIP benefits through the applicable policy.

When can I sue the other driver for pain and suffering?

It depends on the lawsuit option on your policy. With the no limitation option, you can sue for pain and suffering for any injury caused by another driver's negligence. With the limitation option, you must show your injury meets the threshold.

Under the limitation option, the most commonly disputed category is permanent injury. That claim usually depends on:

• Objective proof, such as MRI findings, nerve studies or surgical records.
• Consistent treatment without long unexplained gaps.
• A physician's opinion that the injury will not heal to normal function.
• Evidence separating the crash injury from earlier conditions.

Economic losses beyond PIP, such as lost wages over your PIP limit, can generally be pursued against the at-fault driver regardless of the threshold.

How does New Jersey's fault rule play out at an intersection?

Your award is reduced by your share of fault, and you recover nothing if your share is greater than the defendants' combined fault. Intersection crashes often produce disputes about signals and right of way.

Picture a crash on Route 22 at a busy signal in Union County. You are going straight on a green light when a driver turns left in front of you. Your pain and suffering damages total $80,000. The insurer argues you sped up to beat a yellow light. If a jury finds you 20% at fault, you receive $64,000. If it finds you 50% at fault, you receive $40,000. If it finds you 51% at fault, you receive nothing.

Many New Jersey intersections are near businesses with cameras, and some have traffic cameras. Signal timing records and witness accounts also help. Video is often overwritten within days or weeks, so preservation requests should go out quickly.

What if the other driver had too little insurance?

Your own uninsured and underinsured motorist coverage can fill the gap. New Jersey allows a basic policy with very low limits, and some drivers carry only that. Others drive with no insurance at all.

Underinsured coverage applies when the at-fault driver's limits are not enough to cover your losses. The terms of your policy, and any household policies, determine how much is available. Notify your insurer before accepting any settlement from the at-fault driver, because some policies require consent.

What about rideshare and commercial vehicle crashes?

Different policies apply. If you were in an Uber or Lyft, the rideshare company's coverage may apply depending on whether the driver had an accepted ride or a passenger. PIP rules can differ for rideshare passengers. See our page on rideshare and taxi accidents.

If a delivery van, bus or company vehicle hit you, the employer's commercial policy may apply. If an NJ Transit bus or other public vehicle was involved, a written notice of claim is generally required within 90 days.

What should I do after a New Jersey crash?

Get treatment, open your PIP claim and preserve evidence. You generally have two years to file a lawsuit, but PIP and public entity deadlines can come much sooner.

1. Report the crash to police and get the report number.
2. Notify your auto insurer and open a PIP claim promptly.
3. Find your declarations page to check your lawsuit option and PIP limits.
4. Treat consistently and follow your doctors' plans.
5. Ask nearby businesses to preserve video.
6. Talk with our team before giving recorded statements.

Learn more on our car accident practice page and our New Jersey injury law overview. If you were walking when hit, see our pedestrian accidents page, and riders should see our New Jersey motorcycle accident page.