A car accident is disorienting. In the moments after a collision, you are dealing with shock, adrenaline, and concern for your and others' safety. It is a high-stress situation where it is easy to make simple errors. Unfortunately, the actions you take—or fail to take—in the hours, days, and weeks that follow can have a profound impact on your physical recovery and your ability to secure fair compensation for your damages.

According to official 2023 data from the New Jersey Department of Health, there were 244,807 motor vehicle crashes in the state. With an injury rate of about 22%, these crashes left tens of thousands of people facing the same pain, confusion, and uncertain financial future you may be facing right now. Many people in New Jersey unknowingly jeopardize their claims before they even speak to a car accident attorney. Insurance companies are aware of these common mistakes and often use them as justification to deny a claim or offer a settlement that is far less than what you deserve.

This article outlines the most significant errors that accident victims make. Recognizing these pitfalls is the first step toward protecting your rights and building a strong foundation for your recovery.

Mistake 1: Failing to Report the Accident to the Police

After a minor-looking collision, it can be tempting to agree to "handle it without insurance." The other driver may seem cooperative and suggest you just exchange phone numbers to avoid a mark on your driving record. Such an arrangement is almost always a mistake.

In New Jersey, you are legally required to report any accident that results in injury, death, or property damage that appears to be $500 or more (N.J.S.A. 39:4-130).

Why a Police Report Is So Important for Reporting a Car Accident in NJ

A police report is the most valuable piece of evidence you can have. It creates an official, contemporaneous record of the incident. When an officer responds to the scene, they will:

• Document the date, time, and location.
• Record the names, contact information, and insurance details of all drivers.
• Identify any passengers or witnesses.
• Note the weather and road conditions.
• Describe the vehicle damage and diagram the accident scene.
• Issue citations if a traffic violation was observed.

Without this report, the other driver can (and often will) change their story later. They may deny being at fault, claim you caused the crash, or even dispute that the accident happened at all.

Mistake 2: Leaving the Scene Without Gathering Car Accident Evidence

While a police report is vital, it is not the only evidence you should gather. Police officers are busy and may miss details. You are your best advocate in the moments after a crash. If you don't sustain serious injuries and it's safe to do so, utilize your smartphone to capture every detail.

Failing to collect your car accident evidence in New Jersey is a missed opportunity.

Evidence disappears quickly. Skid marks fade, vehicles are towed, and witnesses leave. Capture the following:

• Photos of All Vehicles: Take wide shots of the accident scene and close-ups of the damage to all cars involved. Be sure to photograph the entire vehicle, not just the point of impact.
• Photos of the Scene: Document skid marks, debris on the road, road signs, traffic signals, and any obstructions that may have contributed to the crash.
• The Other Driver's Information: Take clear pictures of their driver's license, insurance card, and license plate.
• Witness Information: If anyone stopped to help or saw the accident, get their name and phone number. A witness's neutral testimony can be incredibly powerful.
• Your Injuries: If you have visible cuts, bruises, or scrapes, photograph them.

Mistake 3: Delaying or Refusing Medical Attention

This is one of the most damaging mistakes an accident victim can make. After a crash, your body is likely flooded with adrenaline, which can mask serious pain. You might feel "shaken up" but believe you are fine.

Many common car accident injuries, such as whiplash, soft tissue damage, and even traumatic brain injuries, may not present symptoms for 24 to 72 hours.

The "Gap in Treatment" Problem

If you wait a week to see a doctor, the insurance adjuster for the at-fault driver has a ready-made argument. They will claim:

1. You were not seriously injured; otherwise, you would have sought immediate care.
2. Something else must have injured you during the week between the accident and your doctor's visit.

Go to an emergency room or an urgent care center immediately after leaving the accident scene. If you do not go the same day, go the very next morning. This creates a medical record that directly links your injuries to the collision.

Equally important is following your doctor's orders. If you are prescribed physical therapy, go to every session. If you are advised to see a specialist, please ensure you schedule the appointment. Not following treatment is another sign to the insurer that you aren't as hurt as you say.

Mistake 4: Not Knowing Your New Jersey Car Insurance Laws

New Jersey is a "choice no-fault" state. This system often causes confusion and presents a significant risk for those who are unprepared.

• No-Fault (PIP): Under this system, your auto insurance policy pays for your medical bills, regardless of who caused the accident. This is called Personal Injury Protection (PIP).
• The "Choice": When you purchased your policy, you had to choose between two options that dramatically affect your right to sue:
  1. Unlimited Right to Sue: This policy is pricier, but it allows you to sue the at-fault driver for pain and suffering for any injury.
  2. Limited Right to Sue (Verbal Threshold): This policy is cheaper, but it severely restricts your right to sue for pain and suffering.

The Verbal Threshold: A High Hurdle

Most New Jersey drivers have the "Limited Right to Sue" option to save money and may not even realize it. If you have this policy, you cannot file a lawsuit for pain and suffering damages unless your injury meets a specific "verbal threshold."

This threshold includes injuries like

• Death
• Dismemberment
• Significant disfigurement or scarring
• Displaced fractures
• Loss of a fetus
• A permanent injury (an injury that has not healed to function normally and will not heal further, even with more treatment).

This represents a significant challenge to overcome. An experienced New Jersey car accident attorney is essential for proving that your injury meets this permanent threshold, often by using expert medical testimony.

Mistake 5: Critical Errors When Dealing With Insurance Adjusters

Shortly after the accident, you will likely get a call from the other driver's insurance adjuster. This is a critical point in your claim.

The Adjuster Is Not Your Friend

This is the most important rule. The adjuster from the at-fault driver's insurance company may sound friendly and helpful, but their job is to save their company money. They are trained to find reasons to deny your claim or minimize the payout.

Avoid These Insurance Mistakes After a Car Accident in New Jersey

• Giving a Recorded Statement: The adjuster will ask to "take your statement" to "hear your side of the story." Politely decline. They are skilled at asking leading questions designed to induce you to misspeak or accidentally admit partial fault. Anything you say can and will be used against you.
• Admitting Any Fault: Never say "I'm sorry," "I wasn't paying attention," or "I should have slowed down." Even casual apologies can be twisted into an admission of guilt.
• Accepting the First Offer: The first settlement offer is almost always a lowball amount. They are testing you to see if you will take a quick, cheap payout. This offer is often made before you even know the full extent of your injuries or the cost of your future medical care.
• Signing a General Release: If you accept a settlement, you will have to sign a release. Never sign this document without having a lawyer review it. A release form permanently ends your right to seek any further compensation for the accident, even if you discover your injuries are worse than you thought.
• Signing a Broad Medical Authorization: The adjuster will ask you to sign a form providing them with access to your medical records. The forms they send are often intentionally broad, giving them permission to dig through your entire medical history. They are looking for pre-existing conditions to blame your pain on.

Mistake 6: Misunderstanding New Jersey Negligence Laws

Many people assume that if they were even slightly at fault for the crash, they cannot recover any compensation. In New Jersey, this is not true.

New Jersey uses a modified comparative negligence rule (N.J.S.A. 2A:15-5.1).

• This rule states that you can recover damages as long as your percentage of fault is not greater than the fault of the person you are suing.
• In plain English: You can be up to 50% at fault and still recover compensation.
• Your final compensation award will simply be reduced by your percentage of fault. For example, if you have $100,000 in damages but are found to be 10% at fault, you would receive $90,000.

This is why you must never admit fault. Determining fault is a complex legal issue, and letting an insurance adjuster assign you blame based on a stray comment is a costly mistake.

Mistake 7: Posting About the Accident on Social Media

In the modern age, this is one of the easiest and most common car accident settlement mistakes. You must assume that insurance investigators are monitoring all your social media accounts.

Do not post anything about the accident. Do not post photos of your car, do not vent about your injuries, and do not describe what happened.

Furthermore, do not post anything that contradicts your injury claim. If you are claiming a severe back injury and "loss of enjoyment of life," you cannot post:

• Photos of yourself at a party or family gathering.
• Updates about going on vacation.
• A "check-in" at the gym or on a hike.
• Even a simple post like "Feeling great today!" can be taken out of context and used to argue that your injuries are exaggerated.

The safest policy is to stop posting on social media entirely until your personal injury claim in NJ is resolved.

Mistake 8: Missing the Deadlines for Filing a Car Accident Claim in NJ

Your right to seek compensation is not open-ended. The law sets a firm deadline, known as the Statute of Limitations, for filing a lawsuit.

• For most personal injury claims in New Jersey, you have two years from the date of the accident to file your lawsuit (N.J.S.A. 2A:14-2).
• If you miss this two-year deadline, the court will almost certainly dismiss your case, and you will lose your right to compensation forever, no matter how strong your claim is.

The Critical 90-Day Exception for Government Claims

This two-year deadline has a very important and much shorter exception. If your claim is against a government entity, you must act much faster.

This applies if your accident involved:

• A city-owned vehicle (for example, in Newark or Jersey City)
• A county-owned vehicle
• A New Jersey state-owned vehicle
• An NJ Transit bus or train

If you intend to sue a public entity, you must file a formal Notice of Tort Claim within 90 days of the accident. Failure to file this notice on time will bar you from filing a lawsuit.

Mistake 9: Trying to Handle the Personal Injury Claim Process Alone

It is tempting to think you can save money by representing yourself. Undoubtedly, this is the most significant error you could potentially commit.

The personal injury claim process in New Jersey is complex. You are not simply "filling out forms." You are going up against a multi-billion dollar insurance company that employs teams of experienced adjusters and defense lawyers. They do this every single day. Their goal is to pay you as little as possible.

How a New Jersey Car Accident Lawyer Protects You

Hiring an experienced New Jersey personal injury attorney levels the playing field. Immediately, the dynamic shifts.

• They Handle All Communication: All calls and letters from the insurance company go to your lawyer. You are protected from saying the wrong thing.
• They Investigate Your Claim: They gather police reports, witness statements, medical records, and expert opinions to build the strongest possible case.
• They Prove Your Damages: They know how to calculate the true value of your claim, including future medical bills, lost earning capacity, and the full extent of your pain and suffering.
• They Navigate the Verbal Threshold: A skilled attorney knows what medical evidence is needed to prove a "permanent injury" and overcome the Limited Right to Sue threshold.
• They Negotiate for You: Statistically, claimants who are represented by an attorney receive significantly higher settlements than those who are not, even after legal fees are accounted for.

A New Jersey attorney for car crash cases works on a contingency fee basis, meaning you pay nothing upfront. You have nothing to lose and everything to gain.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

The aftermath of a car accident is a difficult time. Your focus should be on your health and recovery, not on battling an insurance company. Avoiding these common mistakes can protect your rights, but the most important step you can take is to get an experienced legal advocate on your side.

If you have been injured in a car accident in New Jersey, do not try to navigate the complex claim process alone. Reach out to the committed team at Brandon J. Broderick, Attorney at Law, today. We understand New Jersey's insurance laws and know how to fight back against the insurance companies' tactics to get you the compensation you deserve. Contact us for a free, no-obligation legal consultation to discuss your case. We are available day or night to assist you.