Getting into a car accident is stressful enough. But dealing with the insurance company afterward? That’s where things often get even more frustrating, especially if you’re recovering from injuries, missing work, or unsure of what your rights are.
In New Jersey, where no-fault insurance laws and PIP (personal injury protection) rules can get complicated fast, it’s essential to know what to expect—and when to get legal help. At Nagel Rice LLP, we assist clients in Essex County, Bergen County, and throughout New Jersey in navigating insurance companies after serious car accidents.
Here’s what you need to know.
What to Expect After a Car Accident in NJ
After a crash, you may need to report the accident to both your insurance company and the other driver’s insurance company, depending on the situation. Because New Jersey follows a no-fault insurance system, your PIP coverage generally pays for your medical bills and lost wages, up to your policy limits, regardless of who was at fault.
But that doesn’t mean the other driver’s insurance company is off the hook, especially if:
- Your injuries are serious
- Your PIP limits are maxed out
- The at-fault driver was uninsured or underinsured
If you’re dealing with progressive pain, long-term medical treatment, or costly repairs, you may find yourself negotiating with more than one insurer, and getting straight answers isn’t always easy.
Insurance Company Tactics to Watch Out For
Insurance adjusters are trained to save their companies money, not to make sure you’re treated fairly. Common tactics we see after car accidents in New Jersey include:
- Delaying communication to pressure you into accepting less
- Lowball settlement offers before you know the full extent of your injuries
- Asking for recorded statements, they can later twist or use against you
- Blaming you for the crash, even when liability is clear
- Requesting a complete medical history to try to blame your injuries on pre-existing conditions
If you were injured in a crash on the Garden State Parkway, Route 17, or I-280, you might be contacted by multiple insurers—your own and the at-fault driver’s. Don’t assume they’re looking out for your best interests.
Your Legal Rights After an Accident in New Jersey
New Jersey is a choice no-fault state, meaning your ability to sue depends on the type of insurance policy you selected:
Limited Right to Sue Option
Under this option (often called verbal threshold), you can only file a lawsuit for pain and suffering if your injuries are considered “serious,” such as:
- Loss of a body part
- Significant disfigurement
- Displaced fractures
- Permanent injury
- Death
Unlimited Right to Sue Option
If you chose the “Unlimited Right to Sue” (no threshold), you can bring a claim for non-economic damages regardless of injury severity.
Regardless of the lawsuit threshold, your PIP coverage will still pay for your medical treatment, up to the limits of your policy. Moreover, if the other driver is uninsured or underinsured, you may be able to recover damages through a UM/UIM (Uninsured/Underinsured Motorist) claim on your policy.
Pro tip: Many people aren’t sure which lawsuit threshold they chose—until it’s too late. We can help you review your policy and explain your options.
Why Legal Representation Matters
Handling your insurance claim alone might seem doable, especially if you think the case is “simple.” But once the adjusters start making offers or asking for your medical records, it’s easy to make a mistake that costs you later.
When you work with Nagel Rice LLP, we:
- Communicate with the insurance companies so you don’t have to
- Calculate the full value of your claim, including future treatment, pain and suffering
- Prepare a strong case for settlement or trial, depending on what’s in your best interest
- Know how insurers operate in Newark, Hackensack, New Brunswick, and throughout New Jersey
We’ve spent over three decades taking on insurance companies and getting results for injured clients. From minor crashes to catastrophic injuries, we’ve helped people throughout New Jersey fight for fair compensation.
What to Do (and Not Do) When Dealing with Insurers
Here’s what we tell our clients after a crash:
Do:
- Report the accident to your insurer promptly
- Keep records of medical visits, repairs, and lost work
- Take photos at the scene, if possible
- Get legal advice before accepting any settlement
Don’t:
- Say “I’m fine” if you’re still being evaluated medically
- Sign anything without understanding your rights
- Give a recorded statement to the other driver’s insurer
- Assume you’re being treated fairly just because someone sounds polite
We Deal with the Insurance Company—So You Don’t Have To
After a crash, your focus should be on healing, not battling red tape. If you’re getting calls from adjusters or facing delays in your claim, let Nagel Rice take over. We’ll handle the insurance company while you focus on your recovery.
Whether your accident happened on the New Jersey Turnpike, Route 80, or a local street in Montclair or Paramus, we’re here to protect your rights and get you the compensation you deserve. Call us today for a free consultation.