Does a Fender Bender Count as an Accident in New Jersey?

When you hear the term “accident,” you might imagine catastrophic vehicle collisions with significant damage and severe injuries. But what about those minor bumps and scrapes commonly referred to as fender benders? Do they qualify as accidents under New Jersey law? And, more importantly, what should you do if you’re involved in one? Let’s break it down.

What Is a Fender Bender?

A fender bender typically refers to a minor car accident involving little to no vehicle damage and no severe injuries to the people involved. These incidents often occur in low-speed situations, such as parking lots, stop signs, or during bumper-to-bumper traffic.

Although the damage may seem superficial—a dented bumper, scratched paint, or a cracked taillight—fender benders can still lead to legal and financial consequences. It’s essential to treat even the smallest accident seriously and understand your rights and responsibilities under New Jersey law.

Does a Fender Bender Count as an Accident?

Under New Jersey law, a fender bender is considered a motor vehicle accident. According to N.J.S.A. 39:4-130, drivers involved in an accident—regardless of the severity—must stop, exchange information, and report the incident to law enforcement if there is property damage exceeding $500 or injuries.

Reporting Requirements

If your fender bender results in:

• Property damage over $500
• Any injuries (no matter how minor)

You are legally obligated to file a police report. Failing to do so could lead to fines or other penalties. In many cases, what initially seems like minimal damage could exceed $500 once repair estimates come in, so it’s often better to err on the side of caution and report the accident.

The Potential for Injury in Fender Benders

Even in low-speed collisions, injuries can occur. Whiplash, for example, is a common injury in rear-end accidents, even if the impact is minor. Symptoms may not appear immediately and can manifest in hours or even days.

Common Injuries from Fender Benders:

• Whiplash or neck strain
• Back pain
• Concussions or head injuries
• Soft tissue injuries

Failing to address these injuries promptly can lead to long-term health issues. That’s why seeking medical attention is crucial, even if you feel fine immediately after the accident.

Financial Implications of a Fender Bender

While fender benders may seem minor, they can have surprising financial consequences. Beyond the immediate cost of repairs, there are other expenses to consider:

• Increased Insurance Premiums: Even a small claim can lead to higher insurance rates, mainly if you’re found at fault.
• Out-of-Pocket Costs: If the damage is below your deductible, you may need to cover the repairs yourself.
• Lost Time: Managing repair schedules, dealing with insurance companies, and filing reports can take up valuable time.

Understanding these potential costs underscores why handling even minor accidents responsibility is important.

Legal Considerations for Fender Benders in New Jersey

New Jersey follows a no-fault insurance system, meaning that your insurance policy will typically cover your medical expenses and lost wages up to a certain limit, regardless of who caused the accident. However, some exceptions may allow you to pursue a claim against the other driver, such as:

• Severe Injuries: If your injuries meet the serious injury threshold defined under New Jersey law.
• Exceeding PIP Limits: If your medical expenses exceed the coverage provided by your Personal Injury Protection (PIP) insurance.

Comparative Negligence

New Jersey also operates under a comparative negligence rule. This means that if both parties share some degree of fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you’re found to be 20% at fault, any settlement or award you receive would be reduced by that amount.

When Should You Contact a Personal Injury Lawyer After a Fender Bender?

If you’ve been involved in a fender bender, you may wonder whether it’s worth contacting a personal injury lawyer. While not every minor accident requires legal intervention, certain circumstances make it essential:

1. You’re Injured

If you’ve sustained injuries, a lawyer can help you navigate the claims process and ensure you receive fair compensation for medical bills, lost wages, and other damages.

2. The Other Driver Denies Fault

Disputes over liability are common, even in minor accidents. An experienced attorney can gather evidence, such as police reports, witness statements, and video footage, to prove your case.

3. The Insurance Company Offers a Low Settlement

Insurance companies may try to minimize payouts by downplaying your injuries or the extent of the damage. A personal injury lawyer can negotiate on your behalf to secure a fair settlement.

4. You’re Facing Legal Action

If the other party decides to sue, having legal representation is crucial to protect your rights and interests.

Practical Steps to Take After a Fender Bender in New Jersey

If you’re involved in a fender bender, here’s what you should do:

1. Stay Calm and Stay Safe: Move your vehicle to the side of the road if it’s safe.
2. Exchange Information: Share your name, contact details, driver’s license number, insurance information, and vehicle registration with the other driver.
3. Document the Scene: Take photos of the vehicles, the damage, and the surrounding area. Record any relevant details, such as weather conditions or traffic signals
4. Report the Accident: Call the police if there is significant property damage or injuries. Obtain a copy of the police report for your records.
5. Seek Medical Attention: Visit a doctor, even if you feel fine. Some injuries may not be immediately apparent.
6. Consult a Lawyer: If unsure about your next steps, a personal injury lawyer can provide guidance.

Why Choose Rosengard Law Group?

At Rosengard Law Group, we understand the stress and uncertainty that follow even minor accidents. Our team is dedicated to helping New Jersey residents navigate the complexities of personal injury claims, ensuring you receive the compensation you deserve.

With our extensive knowledge of New Jersey’s laws and a track record of successful cases, we’re here to provide the support and advocacy you need. If you’ve been involved in a fender bender, don’t hesitate to contact car accident lawyers or call (856) 284-6446 to schedule a free consultation.