Rear End Collision
$2,300,000
Insurer offered$85,000
Spinal cord injury after a rear end crash. The insurer offered $85,000.
Serving New Jersey
What to Do After a Car Accident in New Jersey: Step by Step
Hurt in a crash? The insurance company already has a team working on your claim. You should too. A free call tells you where you stand.
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After a New Jersey crash: stop, turn on your hazards, call 911 and ask for police. Exchange information, photograph everything, and say nothing about fault. Get checked the same day, then open your PIP claim so your treatment is paid. Report the crash yourself within ten days if police never came. Call Top USA Law at (877) 411-5291 before you give any recorded statement.
The 10 steps to take after a New Jersey car accident
Work the list in order: safety, police, information, photographs, medical care, then your PIP claim. The first week decides most New Jersey cases.
You are shaken, your neck hurts, and someone is asking for your insurance card. Here is the order to follow. Every step below can be done from the shoulder of Route 1, the Garden State Parkway or a parking lot in Hackensack.
- Stop and make the scene safe. Hazard lights on. Move drivable cars out of live traffic if you safely can.
- Call 911 and ask for police. Say whether anyone is hurt, and say if you are not sure.
- Check on everyone. Accept the ambulance. Do not move a person whose neck or back hurts.
- Exchange information. Name, address, phone, license, registration and insurance for every driver.
- Photograph and record everything. Both cars, all four corners, plates, the road, signals, skid marks, debris, weather.
- Get witness names and look for cameras. A doorbell or gas station camera is usually overwritten within days.
- Say nothing about fault. Answer factual questions. Do not apologize, guess at speed, or say you are fine.
- Get medical care the same day. Adrenaline hides neck and back injuries for a day or two.
- Open your PIP claim. Ask your insurer for the personal injury protection claim number and give it to every provider.
- Self report the crash if no officer investigated, and get advice before the other insurer calls. The reporting window is short, and a recorded statement is not required of you.
At the scene of a New Jersey crash
What you do in the first twenty minutes decides what evidence exists later. Safety comes first, then police, then information, then photographs.
Stop, stay and make the scene safe
New Jersey requires you to stop and stay. Leaving the scene of a crash that hurt someone is a crime under N.J.S.A. 39:4-129. Turn on your hazards, and if both cars still drive on the Turnpike, the Parkway or Route 17, reach the shoulder before you exchange paperwork.
Call 911 and ask for police
Ask for police even when the damage looks small. The officer's crash report is the document every insurer reads first, and it captures car positions and driver statements while they are fresh. If the department will not respond to a private property crash, write down the time you called.
Exchange information
Get the other driver's name, address, phone, license number, plate, insurer and policy number. If the driver hands over nothing, photograph the license plate and tell the officer. A plate is enough for us to find the policy later.
Photograph and record what you see
Shoot both vehicles from all four corners, then step back so the lane positions show. Include the signal or stop sign, skid marks, glass, the weather, and any bruise or swelling on your body that day. If you have a dash camera, save the file before the loop overwrites it.
Get witnesses and look for cameras
Ask anyone who stopped for a name and a number, because an independent witness outweighs any argument between two drivers. Then look up. New Jersey intersections and strip malls are full of cameras that keep footage only a few days, so a preservation letter has to go out fast.
What not to say
Do not apologize, do not guess at your speed, and do not say "I'm fine." Neck and back pain from a rear end collision often peaks on day three, and "I'm fine" is the first line the adjuster quotes back to you six months later.
New Jersey crash reporting rules and who files what
Two reports can exist after a New Jersey crash: the one police write, and the one you must write yourself when no officer investigated.
New Jersey drivers have a statutory duty to report a crash in writing under N.J.S.A. 39:4-130 when no officer investigated it. In practice that written self report is expected within 10 days when someone was injured or killed, or when property damage looks like $500 or more. It is the form drivers know as the SR-1, available from the New Jersey Motor Vehicle Commission. Where an officer did investigate, ask for the case number before you leave the scene.
| Who | What they must do | By when | What triggers it |
|---|---|---|---|
| Every driver | Stop, stay and give name, address, license, registration and insurance | Before leaving the scene | Any crash, however minor |
| Every driver | Written self report to the State on the SR-1 form | Within 10 days of the crash | No officer investigated, and there was injury, death or property damage of about $500 or more |
| Police | The state crash report (officers call it the NJTR-1) | Ask the department when it will be released | An officer investigated the scene |
| You, to your own insurer | Notice of the crash and a PIP application | Promptly, on the terms your policy sets | Every crash, including one you did not cause |
If the other driver fled, the police report of a hit and run is also what your own insurer wants before it opens an uninsured motorist claim.
What to do within 24 to 48 hours of a New Jersey crash
Two things have to happen fast: a doctor has to see you, and your own insurer has to open the file that pays for it.
Get medical care the same day even if you feel fine
Go to an emergency department, an urgent care or your own doctor that day or the next morning. University Hospital in Newark, Hackensack University Medical Center, Robert Wood Johnson University Hospital in New Brunswick and Cooper University Hospital in Camden see crash patients hourly. Report every symptom, including headaches, dizziness, numbness, tingling and broken sleep, and ask for all of it in the chart.
Open your PIP claim and give providers the claim number
New Jersey is a no fault state for medical bills. Under N.J.S.A. 39:6A-4, the personal injury protection coverage on your own policy pays crash treatment regardless of who caused it, up to the medical limit you chose. Get the PIP claim number and hand it to the hospital, the imaging center and every therapist. If you own no policy, the PIP on the car you rode in, or a resident relative's policy, is usually next.
Notify your own insurer and read the police report
Report the crash to your own company even when the other driver was plainly at fault: your policy requires it, and your company handles PIP, collision and any uninsured motorist claim. Then read the report. Officers make mistakes about direction of travel and who said what, and a correction is far easier in week one than in month ten.
What to do in the first week after a New Jersey crash
Week one is where the paper file gets built. Every document you collect now is one you will not have to fight for later.
Build the claim folder
Use one folder, paper or digital, and keep all of it in one place.
| Item | Why it matters | Where to get it |
|---|---|---|
| Police report and case number | The first document every adjuster reads | The municipal, county or State Police department that responded |
| Scene photos and dash video | Answers the low impact argument before it is made | Your phone; keep a second copy off the phone |
| Medical records and discharge papers | Ties the injury to the crash by date | The hospital, urgent care or your doctor |
| PIP claim number and letters | Keeps treatment paid and denials visible | Your own auto insurer |
| Bills, copays, prescriptions, mileage | Recoverable out of pocket loss | Providers, the pharmacy, your own log |
| Pay stubs and a note from your employer | Proves lost time and modified duty | Payroll or your supervisor |
| Repair estimate, tow and rental receipts | Property damage is a separate claim | The body shop, tow yard, rental company |
Property damage: the three ways a New Jersey car gets fixed
Your car is a separate, faster claim than your body. Use your own collision coverage and pay the deductible, which your carrier then tries to recover. Bill the at fault carrier directly, which is cheaper but slower. Or pay out of pocket and seek reimbursement, which only makes sense on a small repair.
What to do when the other driver's insurer calls
Their adjuster will call within days and will be friendly. You are not required to give a recorded statement, and you should not give one before you know how your injuries behave. Do not describe symptoms as improving, do not accept a share of fault, and do not sign an authorization that opens ten years of unrelated records. An early check with a release attached closes the file before the medical picture exists, which is why we wrote how to read a first insurance offer.
Who pays for what after a New Jersey crash
Different pockets pay different losses, and they pay in a set order. Knowing that order stops you from waiting on the wrong insurer.
| Loss | Pays first | Then | Notes |
|---|---|---|---|
| Medical bills | Your own PIP under N.J.S.A. 39:6A-4 | Health insurance, then the at fault driver's liability coverage | PIP pays regardless of fault |
| Lost wages | PIP income continuation, if your policy includes it | The at fault driver's liability coverage | Keep pay stubs and an employer note |
| Pain and suffering | The at fault driver's liability coverage | Your own UM or UIM coverage once their limits run out | The verbal threshold may control whether you can claim it |
| Car damage, tow and rental | Your collision coverage, or the at fault carrier | Out of pocket, then reimbursement | PIP does not pay for car damage |
| Driver had no insurance or fled | PIP for treatment, then your uninsured motorist coverage | A state fund, in narrow cases | See our uninsured motorist claim guide |
The New Jersey verbal threshold and why your first month of treatment matters
Whether you can be paid for pain and suffering in New Jersey turns on a box you checked when you bought your own policy.
Under N.J.S.A. 39:6A-8, a driver who selected the limitation on lawsuit option, the verbal threshold, can claim non economic damages only for a displaced fracture, loss of a body part, significant scarring or disfigurement, loss of a fetus, death, or a permanent injury confirmed by objective medical evidence. A driver who selected the unlimited right to sue has no such hurdle, and almost nobody remembers which one they bought.
That matters in week one, because permanency is proved with objective testing and a treating physician's certification of permanency, and both rest on a treatment record that starts early. See the verbal threshold in plain English, the statute page for N.J.S.A. 39:6A-8, the whiplash settlement guide and the herniated disc settlement guide.
Deadlines you cannot miss in New Jersey
Some of these run in days, not years. The 90 day public entity notice is the one that ends otherwise strong cases.
| Claim or duty | Deadline | Where the rule comes from |
|---|---|---|
| Personal injury lawsuit | Two years from the date of the crash | N.J.S.A. 2A:14-2 |
| Wrongful death action | Two years from the date of death | N.J.S.A. 2A:31-3 |
| Claim against NJ Transit, a town, a county or the State | Written notice of claim within 90 days | N.J.S.A. 59:8-8 |
| Your own written crash self report | Within 10 days, when no officer investigated | N.J.S.A. 39:4-130; forms at the Motor Vehicle Commission |
| PIP application and notice to your own insurer | Promptly; your policy sets the time | Your policy and N.J.S.A. 39:6A-4 |
The two year rule is on our N.J.S.A. 2A:14-2 page and the public entity notice on our N.J.S.A. 59:8-8 page. Suits are filed in the Superior Court of New Jersey, Law Division, for the county where the crash happened; the New Jersey Courts site lists each courthouse.
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Results in cases like this
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Every case is different. Past results do not guarantee, warrant, or predict a similar outcome.
Where we help in New Jersey
Special situations after a New Jersey crash
Four fact patterns change the steps above. If any of them describe your crash, your clock is shorter than two years.
Hit and run, or a driver with no insurance
Report it to police the same day and get the case number, because your carrier will not open an uninsured motorist claim without it. PIP still pays treatment, and the uninsured motorist coverage on your policy steps into the missing driver's place. See the uninsured motorist guide and the New Jersey hit and run page.
An NJ Transit bus, a school bus, or a town or county vehicle
These are public entities, so the Tort Claims Act requires a written notice of claim within 90 days under N.J.S.A. 59:8-8, and missing it can end the case however clear the fault is. Private charter, casino and airport shuttle companies are not public entities. Our New Jersey bus accident page covers both.
A rideshare trip or a commercial truck
While a rideshare trip is active, the platform's commercial policy is the one on the line and the driver's personal policy usually is not. A tractor trailer brings a carrier, a broker, driver logs and an electronic control module, and the preservation letter has to go out in days. Start with the truck accident page or the rideshare page.
You were a passenger
A passenger's treatment is paid by their own PIP if they own a policy, and otherwise by the PIP on the car they rode in. A passenger can claim against either driver, or both, and never has to pick a side.
Mistakes that hurt New Jersey car accident claims
Most claims are not lost at trial. They are reduced in the first ninety days, usually one of these five ways.
- Waiting to be seen. Three weeks between the crash and the first visit becomes the insurer's whole defense.
- Stopping treatment early. Copays add up, so people quit therapy. A gap in the chart reads as recovery.
- Giving a recorded statement. It fixes your symptoms in place before anyone knows their course.
- Posting about it. A photo of you at a barbecue in Asbury Park does not prove your back is fine, but the jury sees it anyway.
- Signing anything with a release attached. A property damage check is fine. A release of all claims ends the injury case too.
When to call a lawyer in New Jersey and what it costs
Call before the first recorded statement and before any signature. The consultation costs nothing, and the fee comes out of the recovery.
Top USA Law reviews New Jersey crashes at no charge, and there is no fee unless we win; case costs may apply and are explained in writing first. You likely need a lawyer if anyone went to a hospital, the other driver was uninsured, a public entity or commercial vehicle was involved, fault is disputed, or an adjuster has already offered money.
How Top USA Law handles a New Jersey crash from day one
We do the three things that decide a New Jersey claim: read the policy, protect the treatment, and preserve the evidence.
We confirm your lawsuit option from the declarations page, open or fix the PIP claim so treatment is paid, send preservation letters for camera footage and vehicle data, order the crash report, and take the adjusters off your phone. Paul Perkins, Of Counsel, is licensed in New Jersey, and our main office is at 411 Hackensack Ave, 2nd Floor, Hackensack, NJ 07601. Start with the New Jersey car accident lawyer page, read what a New Jersey settlement is worth or how long a case takes, or call (877) 411-5291 for a free case review.
We serve New Jersey clients by phone, video and in person appointments arranged case by case.
Hurt in a crash? Talk it through for free.
New Jersey filing deadlines and insurance notice rules can be short. A free call tells you where your clock stands.
Frequently Asked Questions
Do I have to call the police after a minor car accident in New Jersey?
Ask for police at every crash. New Jersey requires you to stop, stay and exchange information at any crash, and the officer's report is the document every insurer reads first. If the department does not respond, note the time you called, exchange information anyway and file the written self report.
Do I have to report a car accident myself in New Jersey?
Yes, when no officer investigated. New Jersey drivers must report a crash in writing under N.J.S.A. 39:4-130, and in practice that self report is expected within ten days when someone was injured or killed or property damage looks like about five hundred dollars or more. The form is the SR-1 from the Motor Vehicle Commission.
Who pays my emergency room bill after a New Jersey crash?
Your own personal injury protection coverage pays it. Under N.J.S.A. 39:6A-4, PIP pays crash related medical bills up to the medical limit on your policy regardless of who caused the crash. Give the hospital your PIP claim number, not the other driver's insurance details.
Should I see a doctor if I feel fine after the crash?
Yes, the same day or the next morning. Adrenaline masks neck, back and head injuries, and pain from a rear end collision often peaks on day three. A visit on the day of the crash ties the injury to the crash by date, and that connection is what the insurer attacks when the first visit is weeks later.
Can I recover money if I was partly at fault for a New Jersey crash?
Usually yes. New Jersey uses modified comparative negligence under N.J.S.A. 2A:15-5.1. Your recovery is reduced by your share of fault, and you are barred only if your share is greater than the combined fault of the people you sue. A person fifty one percent or more at fault recovers nothing.
What if the other driver has no insurance or drove off?
Report it to police immediately and get the case number. Your PIP still pays treatment. For pain and suffering, the uninsured motorist coverage on your own policy, or a resident relative's policy, takes the missing driver's place, and your own insurer then defends the claim as that driver would.
Should I give a recorded statement to the other driver's insurer?
No, not before you have legal advice. You have no obligation to give one. Early statements about how you feel get quoted back months later to argue the injury was minor or already resolved. Report the crash to your own carrier as your policy requires and let your lawyer handle the other side.
What should I not say at the scene of a New Jersey crash?
Do not apologize, do not guess at speeds or distances, and do not say you are fine. Answer the officer's factual questions about what happened and where. Anything that sounds like an admission, or any comment on your condition before a doctor examines you, gets used against the claim later.
How long do I have to file a car accident claim in New Jersey?
Two years from the crash for a personal injury lawsuit under N.J.S.A. 2A:14-2, and two years from the date of death for wrongful death under N.J.S.A. 2A:31-3. If a public entity such as NJ Transit, a town, a county or the State is involved, written notice is due within ninety days under N.J.S.A. 59:8-8.
What if an NJ Transit bus or a town vehicle hit me?
You are on a ninety day clock. NJ Transit, municipal and county vehicles and school district buses are public entities, and the Tort Claims Act requires written notice of claim within ninety days under N.J.S.A. 59:8-8. Missing it can end the claim however clear the fault is, so get advice in the first days.
Why does my lawyer care about a certification of permanency?
Because it can decide whether you are paid for pain and suffering at all. If your policy carries the limitation on lawsuit option under N.J.S.A. 39:6A-8, a soft tissue injury clears the threshold only as a permanent injury confirmed by objective medical evidence, supported by a treating physician's certification.
Can I still bring a claim if no police report was ever made?
Yes, but you have more to prove. Without a report the case is built on your photographs, witnesses, camera footage, repair estimates and medical records. File the written self report, notify your own insurer and gather scene evidence quickly. A missing report weakens proof of fault; it does not cancel your claim.
Last reviewed by Paul Perkins, Esq., September 2026.
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