Being involved in a car accident is the last thing anyone expects, which is why so many drivers and passengers are unprepared for the aftermath of one.
Most people simply assume “it” will never happen to them, which is optimistic but foolhardy.
Because car accidents happen with frightening regularity, so it’s important to at least consider what you should do if you’re involved in one.
One of the main questions we’re asked in relation to car accidents in New Jersey is whether or not the police should be called.
In situations where nobody has been visibly injured, the temptation is for drivers to resolve the matter with each other, paying for their own damages.
While doing this to prevent police involvement might sound tempting, it could just as easily result in the other party changing their mind several months later and then pursuing you for damages.
Remember, a gentleman’s agreement is not a legally binding contract, so unless you have something in writing you can’t present it as evidence in a court of law.
In the state of New Jersey there is a requirement for calling the police after a car accident has taken place, especially if anyone has been injured or killed as a result.
So do you only have to involve the police department if an injury or death has occurred?
Not entirely, because you also need to report any accidents where the damage to either vehicle is in excess of US$500. In fact, the safest bet for you is to simply report the crash to police because they’ll be able to instruct you on the finer points of state law.
You can telephone local, county or state police to report the incident, and failing to do so can result in a fine of up to $100 and/or having your license suspended. The driver(s) involved must also file a crash report with New Jersey police within 10 days of the accident.
Details to include in your report are the location of the accident, the names of all drivers involved, the names of any passengers, and the names of any witnesses also. One very important detail to record is whether or not one of the other drivers admitted to causing the accident, or apologized for causing it.
In terms of your insurance company, there is no legal requirement for you to report the accident to them. But there is a 2-year statute of limitations on such cases, and not adhering to this timeframe can result in your case being dismissed.
It’s also worth mentioning that New Jersey is a no-fault state, which means that your insurance company will pay for all medical costs and other damages, so you don’t need to sue the other driver(s) for them.
There are some exceptions to the no-fault rule however, such as the loss of a limb, or other body part, significant scarring, a permanent injury, the loss of an unborn child, or death. In these scenarios you can ask your attorney to pursue the other parties for medical costs and other forms of financial compensation.
If you’ve been involved in a car accident but aren’t sure if you have a case, you should contact an experienced auto accident attorney.
They can provide you with the legal advice and guidance that is so critical in the immediate aftermath of an accident, when you might not be thinking clearly.