Step-by-Step Guide: How to File an Insurance Claim in New Jersey

What You Don’t Know About Insurance Claims in New Jersey Could Cost You

Imagine this: You’re driving home after a long day, and—BAM!—a distracted driver slams into your car. Your heart races. Your neck hurts. And just when you think it can’t get worse, you remember—you have to deal with insurance.

•  Will they cover all your medical bills?
  
•  What if the other driver doesn’t have insurance?
  
•  How long will this process take?
  
•  Should you hire a lawyer?

Most people think insurance claims are straightforward but the reality is, that insurance companies have teams of adjusters trained to pay you as little as possible. If you don’t follow the right steps, you could lose thousands of dollars in rightful compensation.

This comprehensive guide will walk you through each step of the claims process while explaining New Jersey laws, deadlines, and strategies to maximize your payout.

Understanding the Types of Insurance Claims in New Jersey

Before diving into the process, it’s essential to know what type of claim you’re dealing with. Different claims have different rules under New Jersey law.

1. Auto Accident Insurance Claims

New Jersey follows a no-fault insurance system. This means:

• Your own insurance (PIP – Personal Injury Protection) covers your medical bills regardless of fault.
• If your injuries are severe (permanent injury, disfigurement, disability), you may be able to sue the at-fault driver.
• If the other driver is uninsured, you may have to file an uninsured motorist claim (UM/UIM) with your own insurer.

2. Slip and Fall Injury Claims (Premises Liability)

If you were injured due to unsafe conditions on someone else’s property, you may have a premises liability case.

• You must prove the property owner knew or should have known about the hazard and failed to fix it.
• Common cases: Snow/ice accidents, wet floors, poor lighting, uneven sidewalks.

3. Medical Malpractice Claims

If a doctor, hospital, or healthcare provider’s negligence harmed you, you may file a medical malpractice claim.

• New Jersey requires you to file an Affidavit of Merit (AOM)—a document from a medical expert stating that malpractice occurred.

4. Product Liability Claims

If a defective product causes injury, you can sue the manufacturer or seller under strict liability laws.

• No need to prove negligence—just that the product was defective.
• Common cases: Toxic chemicals, faulty electronics, dangerous toys, defective auto parts.

5. Workers’ Compensation Claims

If you’re injured on the job, your employer must pay for medical expenses and lost wages.

• You must report the injury within 90 days.
• You cannot sue your employer, but you can file a claim for benefits.

Step-by-Step: How to File an Insurance Claim in New Jersey

Step 1: Get Medical Attention Immediately

Your health comes first. Even if you feel fine, injuries like whiplash or internal bleeding may not show symptoms right away.

🚨 Why it’s important:

• Insurance companies will use delays against you, arguing that you weren’t really hurt.
• Medical records serve as crucial evidence in your claim.

Pro Tip: Request a full medical report and keep copies of bills, prescriptions, and treatment plans.

Step 2: Report the Incident Right Away

Each type of insurance claim has different reporting rules:

• Car Accidents: File a police report within 10 days (N.J.S.A. 39:4-130).
• Slip & Fall: Report to the property owner immediately.
• Work Injuries: Notify your employer within 90 days (N.J.S.A. 34:15-17).

🚨 Failure to report can weaken or void your claim!

Step 3: Gather Evidence Like a Pro

Your claim is only as strong as the evidence you provide. Here’s what you need:

•  Photos & Videos: The scene, injuries, property damage
  
•  Witness Information: Names & phone numbers
  
•  Medical Records: Doctor visits, prescriptions, current and future treatment plans
  
•  Police Report: Request a copy from NJ State Police
  
•  Insurance Policy: Check your coverage details

Step 4: Notify Your Insurance Company

Call your insurance provider as soon as possible. Stick to the facts and don’t admit fault.

🚨 Beware of insurance adjusters trying to trick you:

• “Can we record this conversation?” → No!
• “We’ll handle everything—no need for a lawyer.” → Red flag!
• “This is our best offer.” → Probably not.

📌 You’re not legally required to give a recorded statement—consult a lawyer first.

Step 5: Complete & Submit Your Claim Form

Your insurance company will ask you to fill out a claim form.

•  Fill it out completely and accurately
  
• Attach all supporting documents.
  
•  Keep a copy of everything you submit.

Pro Tip: Any missing information could delay or reduce your payout.

Step 6: Work With the Insurance Adjuster (But Be Careful!)

The insurance adjuster will investigate your claim. Their job is to save the insurance company money—not to help you.

How Long Does an Insurance Claim Take?

The New Jersey Unfair Claims Settlement Practices Act requires insurers to:

•  Acknowledge a claim within 10 business days
  
•  Make a decision within 30 days
  
•  Pay within 10 days after settlement

If your claim is delayed or denied, a lawyer can pressure the insurer to act fast.

Bad Faith Insurance Lawsuits in New Jersey

🚨 Did You Know? If an insurance company deliberately undervalues, delays, or denies a valid claim without justification, you can sue them for bad faith.

New Jersey courts have ruled against insurers for unfair tactics, including:

•  Offering unreasonably low settlements
  
•  Refusing to investigate claims properly
  
•  Delaying payments without reason

Example Case: In Pickett v. Lloyd’s, the New Jersey Supreme Court ruled that insurance companies can be held liable for bad faith if they delay or underpay valid claims. The jury awarded Pickett $70,000 and apportioned 60% of the negligence against the insurance company.

Should You Hire a Lawyer?

Not all claims require a lawyer—but if any of these apply, you NEED legal help:

•  Your injuries are severe or permanent
  
•  The insurance company denied your claim
  
•  You’re being pressured to accept a low offer
  
•  The fault is disputed

Fact: Injury victims who hire a lawyer receive settlements 3.5x higher than those who go it alone.

Why Filing an Insurance Claim is Important?

Filing an insurance claim isn’t just about getting medical bills paid—it’s about protecting your financial future.

💡 If you’re struggling with an insurance claim, don’t settle for less. Rosengard Law Group has a proven track record of fighting for maximum compensation.

📞 Call us at (856) 284-6446 for a free case evaluation.