We all hope never to get in an auto accident. When it does happen, it can be distressing and overwhelming, especially when lawyers and insurance get involved. American auto insurance law can sometimes be complicated, and knowing what to do if you’re involved in an accident is an essential part of the process. As with many states, insurance laws in New Jersey can be a tangle of regulations governing liability, insurance requirements, and more. Here’s a quick guide to demystifying New Jersey’s road accident laws.
First, you should know that New Jersey requires drives to have minimum liability coverage of:
- $15,000 bodily injury liability per person
- $30,,000 bodily injury liability per accident
- $5,000 property damage liability per accident
Drivers must also have personal injury protection (PIP) to cover things like medical expenses and lost wages.
Auto Insurance Liability in New Jersey
One element that sets New Jersey’s auto insurance regulations apart from other states is its no-fault system. This means that regardless of who’s at fault for an accident, both parties’ insurance companies are responsible for covering things like medical expenses—although there is an upper limit. While New Jersey’s law does reduce liability, it doesn’t eliminate it. If there are severe injuries or excessive property damage involved, then the at-fault party could be subject to legal action.
Another thing the no-fault law won’t protect you from is rate increases. Being in an accident, even if you’re not at fault, can result in rate increases, and if you are at fault, those increases will likely be substantial. This means even if you had cheap car insurance as a New Jersey driver, an accident can substantially change that. For some examples, let’s turn to The Zebra’s Ross Martin, who shares that while a not-at-fault accident will raise your premiums by only 5%, an at-fault accident doing less than $1,000 worth of damage will raise your rates by 19%, and an at-fault accident causing more than $2,000 will hike your rates by a staggering 51%.
New Jersey’s Modified Comparative Fault Rule
There’s another wrinkle adding to the complexity of New Jersey’s car insurance laws: the modified comparative fault rule. This rule means that if you are partially responsible for an accident, the amount you may be compensated for damages could be reduced. In addition, if you’re found to be more than 50% at fault, you may not be eligible for any compensation at all.
The Statute of Limitations
Finally, there’s the matter of the statute of limitations in New Jersey. You probably already know that a statute of limitations sets a deadline for filing a lawsuit after an accident. In New Jersey, the time limit for filing a personal injury claim is generally two years from the time of the accident. If, for whatever reason, you don’t manage to file for compensation in time, you could lose out on any chance for compensation.
What to Do After an Accident
Now that we’ve taken a closer look at the legal intricacies of getting in an auto accident in New Jersey, let’s look at what you should actually do if one occurs.
- Check for injuries. Assess yourself and others to look for injuries, and if necessary, seek immediate medical attention.
- Contact the authorities to report the accident and request said medical assistance.
- Exchange contact and insurance information with the other parties involved in the accident.
- Document the scene with photos and/or videos, including any damage done to vehicles, the road conditions, weather, signage, and anything else that might be relevant.
- Notify your insurer. Many insurance apps have the ability to notify them of an accident built right in. You should do this as soon as possible.
- Seek out legal counsel if you’re unsure about your rights or otherwise think there might be cause for it.
It’s important to follow these steps for your own legal protection, and it’s especially important not to leave the scene of an accident. This could have serious legal consequences, including fines, suspension of your license, and possibly criminal charges. Leaving the scene of an accident will also do serious damage to your auto insurance premiums — an increase of 97%, totaling almost $2,000 a year, according to The Zebra.
The Role of a Car Accident Attorney
If you do get involved in a car accident in New Jersey, it may be necessary for you to seek legal representation. There is a lot a car accident attorney can do for you, including advising you on your legal rights, negotiating with insurance companies on your behalf, and if necessary, even representing you in court.
A car accident attorney can also assist you in figuring out your options when it comes to claiming damages such as lost wages, pain and suffering, medical expenses, and property damage. If you feel you need an attorney to help you sort this out, it’s better to get in touch with one right away instead of trying to handle it yourself.
By Chris Bates
