A chipped or damaged tooth after a car accident may need more care than its appearance suggests. Getting a dental examination, documenting what changed after the crash, and keeping a clear treatment record can help support a New Jersey car accident claim.
Dental bills and a claim against another driver also follow different rules. Personal injury protection (PIP) may cover eligible treatment as it is provided, while a claim for pain and suffering may depend on the auto policy’s lawsuit option and the nature of the injury. Here is what to document and how those parts of a claim fit together.
Key Takeaways: How to Strengthen Your Dental Injury Claim After a New Jersey Car Accident
- See a dentist promptly and explain when and how your mouth or jaw was injured.
- Keep dental imaging, photographs, treatment notes, bills and records of recommended follow-up care.
- Ask the dentist to document any new damage or worsening of a pre-existing dental condition.
- Check your PIP coverage and lawsuit option. They affect different parts of a car accident claim.
- Document expected future care, but do not assume its estimated cost can be recovered from the at-fault driver while PIP remains available to cover it.
What Dental Injuries Can Happen in a Car Accident?
A collision can injure a tooth even when the damage is not immediately obvious. Impact with part of the vehicle, an airbag or another object may cause dental injuries such as:
- Chipped, cracked or fractured teeth
- Loose or displaced teeth
- A tooth knocked out completely
- Damage to a tooth’s root or pulp
- Damage to crowns, bridges or other restorations
- Jaw or TMJ-related injuries
- Injuries to the lips, gums or other oral tissue
Some symptoms or complications become clearer during follow-up care. Dental-trauma guidance emphasizes diagnosis, treatment planning and follow-up for injuries involving teeth and their supporting structures.
For a claim, dental records can show what the dentist found, which teeth were affected and what treatment was recommended. A diagnosis supported by an examination and imaging is more informative than a record that mentions only tooth pain.
Why Does Prompt Dental Care Matter?
A dental examination soon after a crash can help establish when the injury was identified and what it looked like before treatment. Tell the dentist:
- When the accident happened and how your face or mouth was affected
- Which teeth hurt, feel loose or have become sensitive
- Whether chewing or opening your mouth is painful
- Whether you have jaw or facial pain
- Whether you had crowns, fillings or other dental work before the accident
Follow-up visits matter, too. A dentist may initially recommend temporary care or monitoring before determining whether a root canal, crown, implant or another procedure is needed. Keep those records even if the tooth feels better.
A delay in treatment does not automatically defeat a claim. It can, however, make it harder to establish when a problem began and whether it resulted from the collision.
What Evidence Can Strengthen a Dental Injury Claim?
The most useful evidence connects the collision, the diagnosis and the treatment that followed. Depending on the circumstances, keep:
- Emergency department and dental examination records
- Dental X-rays and other imaging
- Photographs of damaged teeth or visible facial injuries
- Treatment notes, plans, estimates and bills
- Records from follow-up appointments
- Relevant dental records from before the crash
- Photographs of vehicle damage
- A police report and witness information, if available
Earlier records can be especially helpful if an injured tooth already had a filling, crown or other condition. Existing dental work does not establish that the crash caused no new injury. Comparing records from before and after the collision may help the dentist explain what changed.
Vehicle photographs can provide context, although they cannot establish a dental diagnosis on their own. In Brenman v. DeMello, the New Jersey Supreme Court rejected a blanket rule requiring expert testimony before photographs of vehicle damage could be considered.
How Does PIP Pay for Dental Treatment?
New Jersey PIP coverage may pay for medically necessary, accident-related dental care, subject to the applicable policy limits and rules. The state also publishes an auto insurance dental fee schedule. That schedule addresses reimbursement amounts; it does not mean every proposed treatment is automatically covered.
For care that has already taken place, the dentist may submit a bill to the applicable insurer, or a patient who paid an eligible expense may seek reimbursement. Check which insurer is responsible for medical expenses under the policy. Depending on the procedure and the insurer’s rules, the provider may also need to submit a treatment plan or request review before care is performed.
Keep copies of bills, payment statements, coverage decisions and any correspondence about recommended treatment. If the insurer disputes a bill, those records can help identify what care was provided, what was submitted and why payment was questioned. PIP payment issues are distinct from a claim for damages against another driver.
How Should You Document Future Dental Care?
Future treatment may include a root canal, crown, implant, bridge or replacement restoration. A dentist’s treatment plan can identify the recommended procedure, explain why it may be needed because of the accident and estimate its cost.
That estimate helps document an anticipated need; it is not a request for reimbursement for treatment that has not yet occurred. If the treatment takes place and qualifies for PIP, the resulting expense may then be submitted for payment under the applicable coverage.
A dentist’s estimate for future treatment does not mean the patient can claim that amount from the at-fault driver. If the treatment is covered by available PIP benefits, the bill can be submitted to PIP after the care takes place. In Murray v. Punina, the New Jersey Supreme Court held that the estimated cost of future care covered by PIP cannot be included as damages against the at-fault driver. If the treatment costs more than the available PIP coverage, or falls outside that coverage, the patient may be able to seek the uncompensated amount from the at-fault driver, depending on the circumstances.
Keeping the treatment recommendation, coverage information and later bills together makes it easier to see which expenses have been paid, which may be payable through PIP and which remain unresolved.
Can a Dental Injury Qualify for Pain-and-Suffering Damages?
PIP treatment benefits and noneconomic damages, such as pain and suffering, are separate issues. If the Limitation on Lawsuit Option applies, an injured person generally must meet one of New Jersey’s statutory injury categories to seek noneconomic damages from the at-fault driver.
A chipped tooth does not automatically meet that threshold. In Johnson v. Scaccetti, the New Jersey Supreme Court held that chipped teeth were not “displaced fractures” under the lawsuit-threshold law. The plaintiff also had a separate spinal injury that met the threshold. Once that qualifying injury was established, the jury could consider her other accident-related injuries when assessing noneconomic damages.
The case does not mean every dental injury has the same result. The diagnosis, any other injuries and the applicable lawsuit option all matter.
What Mistakes Can Weaken a Dental Injury Claim?
A few avoidable gaps can make an injury harder to evaluate:
- Putting off an examination: Damage beneath the visible surface of a tooth may need attention, and a prompt visit creates a clearer record.
- Leaving out the accident history: Tell the dentist how and when the injury happened and when symptoms appeared.
- Discarding estimates or payment records: A treatment recommendation, a completed procedure and an insurer’s payment decision each document a different part of the claim.
- Assuming an old crown rules out a new injury: Earlier dental work may make before-and-after records especially useful.
- Assuming a chipped tooth automatically qualifies for pain and suffering: Johnson v. Scaccetti shows why the specific injury and lawsuit threshold must be reviewed.
Deadlines deserve attention as well. New Jersey generally allows two years to file a personal injury lawsuit, subject to applicable exceptions. An action seeking payment of disputed PIP benefits follows a separate limitations statute, which can depend on when expenses arose and whether benefits were previously paid. The New Jersey Supreme Court examined those PIP timing rules in Aponte-Correa v. Allstate Insurance Co.. Do not assume the deadline for one type of claim controls the other.
How Can a New Jersey Car Accident Lawyer Help?
A car accident lawyer can review the records and coverage questions when treatment and insurance decisions overlap. That review may include:
- The dental diagnosis and any relevant earlier records
- Evidence connecting the condition to the collision
- PIP bills, payments and disputed treatment
- The policy’s lawsuit option
- Recommendations for future care
- Potential claims for uncompensated expenses or noneconomic damages
- Applicable filing deadlines
For example, if an insurer questions whether a crash damaged a tooth with an old crown, earlier X-rays, post-crash imaging and the treating dentist’s explanation may help show what changed.
Frequently Asked Questions
Can I have a claim if the tooth was already damaged?
Potentially. A pre-existing condition does not automatically rule out a new injury or worsening caused by the crash. Earlier records and the post-accident examination can help the dentist distinguish the two.
What if I did not notice tooth pain right away?
A delay in noticing symptoms does not automatically rule out a claim. Tell the dentist when you first noticed the problem and seek an examination promptly so the condition can be evaluated and documented.
What if my dentist recommends an implant months from now?
Ask for a written explanation of why the implant is recommended, when it may be needed and its estimated cost. Check the applicable PIP coverage and any review requirements before treatment. Once eligible care occurs, its bill may be submitted for payment. Whether an expense outside available PIP coverage can be sought from the at-fault driver is a separate question.
Can an insurer dispute recommended future dental treatment?
Yes. An insurer may question whether a procedure is medically necessary, related to the collision or covered under the policy. A documented diagnosis and specific treatment plan can help explain the recommendation. An estimate alone does not establish that treatment has occurred or that its cost must be paid.
Brandon J. Broderick, Attorney at Law, Can Help Review Your Dental Injury Claim
A dental injury can leave you managing appointments, treatment decisions and insurance paperwork while you recover from a crash. Determining which expenses may be paid through PIP and whether you have a separate claim may require a review of both your records and your policy.
Brandon J. Broderick, Attorney at Law, can review your dental records, coverage and accident details to help you understand your options. Contact us today.