Who to Call First After a Car Accident in NJ: Lawyer or Insurance?

Car accidents are overwhelming, and knowing what to do next can be confusing. Victims’ most pressing questions are: should you call your lawyer or insurance company first? In New Jersey, the answer depends on several factors, including liability, potential injuries, and the nature of the accident. Understanding your legal rights and obligations can help protect you from costly mistakes.

Steps to Take Immediately After a Car Accident

Before making any calls, your priority should be safety and evidence preservation. Here’s what you should do right after an accident in New Jersey:

• Check for Injuries & Call 911 – If anyone is injured, seek medical help immediately. Under New Jersey law, N.J.S.A. 39:4-129 requires drivers to report accidents involving injury, death, or property damage. Even if injuries seem minor, calling emergency services ensures that you have a record of the incident and allows medical professionals to assess any hidden injuries.
• Move to a Safe Location – If possible, move vehicles out of traffic to avoid further collisions. However, if the accident is severe and moving the vehicles is unsafe, it is best to wait for authorities to arrive and direct the situation accordingly.
• Gather Evidence – Take photos of the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses. This documentation can serve as crucial evidence if a dispute arises regarding fault or insurance claims.
• Exchange Information – New Jersey law (N.J.S.A. 39:4-130) mandates that drivers involved in an accident provide their name, address, and insurance details. This information is essential for filing insurance claims and legal proceedings if necessary.
  
• Do Not Admit Fault – Even if you feel responsible, avoid admitting fault, as liability will be determined later through police reports, witness statements, and legal investigations. A seemingly innocent apology could be misinterpreted as an admission of liability.
  
• Seek Medical Attention – Some injuries, like whiplash or internal bleeding, may not appear immediately but could worsen over time. Seeking prompt medical care ensures proper diagnosis and treatment and creates medical records that may be important for insurance or legal claims.

The Role of a Personal Injury Lawyer

A personal injury lawyer is your advocate when dealing with insurance companies and legal claims. In New Jersey, an attorney can help you:

• Understand Your Rights – New Jersey follows a modified comparative negligence rule (N.J.S.A. 2A:15-5.1), meaning you can recover damages if you’re less than 50% at fault. This rule affects how compensation is determined, as any percentage of fault assigned to you reduces your potential recovery.
  
• Navigate No-Fault Insurance – NJ is a no-fault state, meaning your Personal Injury Protection (PIP) coverage pays for medical expenses regardless of who caused the crash. However, this does not cover pain and suffering unless certain legal thresholds are met.
  
• Determine Compensation – If your injuries exceed NJ’s lawsuit threshold, you may be able to file a claim for pain and suffering beyond PIP coverage. Serious injuries such as permanent disfigurement, fractures, or significant disabilities could qualify you for additional compensation.
  
• Handle Insurance Negotiations – Insurers often try to minimize payouts. A lawyer ensures you don’t accept a lowball settlement and advocates for the compensation you deserve, considering medical costs, lost wages, and emotional distress.
  
• File a Lawsuit If Necessary – The statute of limitations for personal injury claims in NJ is two years (N.J.S.A. 2A:14-2). Delaying legal action can jeopardize your case. If settlement negotiations fail, your attorney can file a lawsuit to seek fair compensation in court.

The Role of Your Insurance Company

Your insurance company plays a crucial role after an accident, but it’s important to understand its limitations:

• Filing a Claim – You must report the accident to your insurer promptly. Failure to do so could affect your ability to receive benefits. However, be cautious about providing detailed statements before consulting an attorney.
  
• Coverage Under PIP – Your PIP coverage will handle medical expenses, but coverage varies depending on your policy. Some policies offer minimal coverage, while others provide more extensive benefits, including lost wages and essential services.
  
• Property Damage Claims – If your vehicle is damaged, your insurer will assess repair costs or determine if the car is a total loss. You may need to get multiple repair estimates or negotiate with the insurer if the initial offer is too low.
  
• Potential Disputes – Insurers may try to limit payouts or deny claims based on policy exclusions. They may argue that certain treatments were unnecessary or attempt to shift blame to reduce their financial liability.

Comparing Both Options: Who Should You Call First?

While you are required to report an accident to your insurance company, it’s often best to consult an attorney first, especially if there are injuries involved. Here’s why:

If the accident is minor and there are no injuries, you can likely handle the claim directly with your insurer. However, if there are injuries, significant damage, or fault disputes, a lawyer can ensure you receive the compensation you deserve.

An attorney provides a crucial buffer between you and the insurance company. Since insurers often look for ways to devalue or deny claims, having a legal expert to handle communications can protect you from saying something that could harm your case.

Additionally, if another driver’s negligence caused the accident, an attorney can help you pursue a third-party liability claim. This could be essential in cases involving reckless driving, drunk driving, or violations of New Jersey traffic laws.

Get Legal Advice

Before speaking to your insurance company, consider getting legal advice to understand your rights fully. Insurance adjusters may seem friendly, but their primary goal is to protect their company’s bottom line. A personal injury lawyer ensures you are not taken advantage of and helps you navigate the complex NJ legal landscape.

Rosengard Law Group has extensive experience handling car accident cases across New Jersey. Contact us today at (856) 284-6446 for a free consultation to discuss your case and determine the best course of action.