Auto Accident Lawyer in New Jersey

New Jersey Car Accident Attorney

A car accident can change everything in an instant. One moment you are going about your day, and the next you are dealing with serious injuries, mounting medical bills, time away from work, and an insurance company that is already looking for reasons to minimize what they pay you. At the Law Office of David H. Kaplan, we represent injured drivers, passengers, and pedestrians throughout New Jersey and fight to recover the full compensation they deserve while they focus on getting better.

New Jersey’s No-Fault Insurance System

New Jersey is a no-fault insurance state, which means that after a car accident, your own auto insurance policy, through Personal Injury Protection (PIP) coverage, pays for your initial medical expenses and lost wages regardless of who caused the accident. This system is designed to provide quick access to benefits without waiting for fault to be determined.

However, no-fault coverage has limits, and it does not compensate you for pain and suffering. To pursue additional compensation, including damages for pain and suffering, permanent injuries, and losses beyond your PIP coverage, you may need to step outside the no-fault system and file a claim or lawsuit against the at-fault driver.

When Can You Sue the At-Fault Driver in New Jersey?

Whether you can sue the at-fault driver for pain and suffering depends in part on the type of auto insurance policy you have.

Limited Right to Sue (Basic Option)

If you choose the limited right to sue option, also known as the verbal threshold, you can only sue for pain and suffering if your injuries meet a specific legal threshold. Qualifying injuries include death, dismemberment, significant disfigurement, displaced fractures, loss of a fetus, or a permanent injury within a reasonable degree of medical probability.

Unlimited Right to Sue (Standard Option)

If you choose the unlimited right to sue option, you can pursue a claim for pain and suffering regardless of the severity of your injury. This gives you much broader access to the courts.

Common Types of Auto Accident Cases We Handle

We represent clients injured in all types of motor vehicle accidents, including:

• Rear-end collisions

• Head-on collisions

• Side-impact and T-bone crashes

• Distracted driving accidents

• Drunk driving accidents

• Hit-and-run accidents

• Accidents caused by defective vehicles or road conditions

• Multi-vehicle pile-ups

• Rideshare accidents involving Uber or Lyft

What Compensation Can You Recover After a Car Accident in New Jersey?

Depending on the severity of your injuries and the circumstances of the accident, you may be entitled to recover:

• Medical expenses, including future medical care

• Lost wages and loss of earning capacity

• Pain and suffering

• Permanent disability or disfigurement

• Property damage

• Loss of enjoyment of life

What Is the Statute of Limitations for Car Accident Claims in New Jersey?

In New Jersey, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline will almost certainly bar your claim. There are limited exceptions. For example, claims involving government vehicles or roads may require a notice of tort claim to be filed within 90 days, and you should never assume an extension applies without consulting an attorney.

Steps to Take After a Car Accident in New Jersey

The actions you take immediately after a car accident can significantly affect the strength of your claim. If you are able to do so safely:

• Call 911 and report the accident

• Seek medical attention immediately, even if you feel fine. Symptoms can appear hours or days later

• Document the scene with photographs of the vehicles, damage, and road conditions

• Collect contact and insurance information from all drivers involved

• Get contact information from any witnesses

• Do not admit fault or make statements about the accident to the other driver’s insurance company without first speaking to an attorney

• Contact an attorney before signing any releases or accepting a settlement offer

Frequently Asked Questions

What if I was partially at fault for the accident?

New Jersey follows a modified comparative negligence rule. You can still recover compensation as long as you were not more than 50% at fault. However, your recovery will be reduced by your percentage of fault. For example, if you were 20% at fault and your damages are $100,000, you would recover $80,000.

The other driver’s insurance company offered me a quick settlement. Should I accept?

Be very cautious. Early settlement offers from insurance companies are typically far below the full value of your claim. Once you accept a settlement and sign a release, you generally cannot pursue additional compensation even if your injuries turn out to be more serious than initially thought. Speak to an attorney before accepting any offer.

What if the at-fault driver was uninsured or underinsured?

New Jersey law requires auto insurance policies to include uninsured motorist (UM) and underinsured motorist (UIM) coverage. If the at-fault driver had no insurance or insufficient coverage, you may be able to recover through your own policy’s UM/UIM coverage.

What if I was a passenger in the accident?

Passengers are generally entitled to bring claims against the at-fault driver, and in some cases against the driver of the vehicle they were riding in. Your no-fault PIP benefits apply regardless of which vehicle you were in.

Do I need a police report to file a claim?

A police report is not legally required to file a claim, but it is very helpful evidence. If police did not respond to the scene, you can file a self-reporting form with the New Jersey Motor Vehicle Commission if the damage exceeds $500.