Filing an Auto Accident Injury Claim: Common Mistakes to Avoid

If you’ve been in a car accident in New Jersey, filing a personal injury claim is often the best way to recover compensation for your medical bills, lost wages, and other expenses. However, navigating the legal process can be complex, and making mistakes could hurt your chances of getting the compensation you deserve. To help you avoid common pitfalls, this guide will walk you through the most frequent mistakes auto accident victims make when filing a claim and how to avoid them.

Delaying Medical Treatment

After an accident, it’s crucial to seek medical attention as soon as possible, even if you think your injuries are minor. Some injuries, like whiplash or internal bleeding, may not present symptoms immediately, but a delay in treatment can hurt your claim. Insurance companies may argue that your injuries are not serious or were caused by something other than the accident if you wait too long to see a doctor.

• Tip: Always seek immediate medical attention after an accident, even if you feel fine at first. Keep a record of all medical visits, treatments, and diagnoses to support your claim.

Not Reporting the Accident Properly

In New Jersey, you must report any accident that results in injury, death, or significant property damage. Failing to report the accident to both the police and your insurance company can harm your claim. Additionally, providing inaccurate or incomplete information in your report could lead to disputes later on.

• Tip: Always call the police to the scene of the accident and file a report. Be thorough and honest when providing information. Also, notify your insurance company as soon as possible to avoid any complications.

Admitting Fault at the Scene

It’s natural to feel apologetic after an accident, but admitting fault, even casually, can be used against you in a personal injury claim. New Jersey follows a comparative negligence rule, meaning your compensation may be reduced if you are found partially at fault for the accident.

• Tip: Stick to the facts when speaking to the other driver, police, and insurance representatives. Avoid making statements like “I’m sorry” or “It was my fault.” Let the investigation determine who was responsible.

Failing to Gather Evidence at the Scene

The more evidence you have to support your claim, the stronger your case will be. Unfortunately, many accident victims fail to gather crucial evidence at the scene, such as photographs, witness contact information, or even a detailed description of the accident.

• Tip: If you are physically able, take photos of the accident scene, vehicle damage, road conditions, and any visible injuries. Gather the contact information of witnesses and make detailed notes about what happened while it’s still fresh in your mind.

Talking to the Insurance Adjuster Without Legal Representation

After an accident, the other driver’s insurance company may contact you for a statement or to discuss a settlement. While it may seem convenient, anything you say can be used to reduce the amount of compensation you receive. Insurance adjusters are trained to minimize payouts, and they may take advantage of any uncertainty or mistakes in your statement.

• Tip: Avoid giving any recorded statements to insurance companies before consulting with an attorney. An experienced personal injury lawyer can handle communications with the insurance adjuster on your behalf to ensure your rights are protected.

Accepting the First Settlement Offer

Insurance companies are often quick to offer settlements to accident victims, but these initial offers are typically much lower than what you may be entitled to. Accepting a low offer may leave you with out-of-pocket expenses for future medical treatments or other losses that weren’t fully accounted for.

• Tip: Don’t rush to accept a settlement offer. Consult with an attorney who can help you evaluate whether the offer fairly compensates you for your current and future expenses. Remember, once you accept a settlement, you cannot go back and request more money later.

Not Following Your Doctor’s Treatment Plan

Your medical records are key evidence in a personal injury claim. If you don’t follow your doctor’s recommendations, skip appointments, or fail to complete your treatment, it can weaken your case. Insurance companies may argue that you are not as injured as you claim or that you are not taking steps to recover fully.

• Tip: Always follow your doctor’s treatment plan, attend all scheduled appointments, and document your recovery. This will help ensure that your medical expenses and the extent of your injuries are accurately reflected in your claim.

Failing to Document Financial Losses

An auto accident can result in significant financial losses beyond medical bills, such as lost wages, vehicle repairs, and transportation expenses for medical visits. However, many accident victims fail to keep track of these costs, which can lead to a lower settlement.

• Tip: Keep detailed records of all accident-related expenses, including pay stubs for lost wages, receipts for vehicle repairs, and any other out-of-pocket costs. Providing thorough documentation will strengthen your case and ensure you are compensated for all your losses.

Not Understanding New Jersey’s No-Fault Insurance System

New Jersey is a no-fault state, meaning your own insurance policy will cover your medical expenses and lost wages up to a certain limit, regardless of who was at fault for the accident. However, you may be able to pursue a personal injury claim against the at-fault driver if your injuries meet certain thresholds.

• Tip: Familiarize yourself with New Jersey’s no-fault laws and how they apply to your accident. Consult with an attorney to determine whether you can file a claim outside of your no-fault coverage to seek additional compensation for serious injuries.

Waiting Too Long to File a Claim

In New Jersey, you generally have two years from the date of the accident to file a personal injury lawsuit. However, waiting too long to take legal action can hurt your case. Evidence may be lost, memories can fade, and the insurance company may use delays against you.

• Tip: Act quickly after your accident to preserve your right to file a claim. Contact an attorney as soon as possible to ensure your case is filed within the legal time frame and to give your attorney ample time to build a strong case.

Avoid Common Mistakes When Pursuing an Auto Accident Claim in New Jersey

Filing an auto accident injury claim in New Jersey can be a complex and daunting process, but avoiding these common mistakes can significantly improve your chances of success. Working with an experienced personal injury attorney, like those at DiTomaso Law, can assist in navigating the legal process, safeguarding your rights, and exploring compensation options. Whether you’re dealing with medical bills, lost wages, or long-term disability, having a legal advocate on your side can make all the difference in your recovery.

If you’ve suffered injuries in an accident, don’t hesitate to contact DiTomaso Law for a consultation to discuss your case. Our team is dedicated to helping injured victims throughout New Jersey pursue the justice and compensation they are entitled to under the law.

Protect Your Rights After a New Jersey Car Accident – Reach Out to DiTomaso Law

If you or a loved one has been injured in a car accident in New Jersey, DiTomaso Law is ready to help you explore your legal options. Serving clients across South Jersey, including Camden, Burlington, and Gloucester Counties, we’re committed to providing skilled legal guidance tailored to your unique situation. Contact DiTomaso Law for a free consultation today, and let us help you understand your rights and the next steps toward seeking compensation for your injuries.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.