Car, Motorcycle, and Truck Accidents
New Jersey Automobile Accidents FAQIf you or one of your family members are injured or involved in a motor vehicle accident - what should you do? The first thing that you should do, if necessary, is obtain immediate medical assistance to evaluate whether or not you have sustained any injuries as a result of the motor vehicle accident. Dial 911 if there is an emergency. Contact Police to investigate the accident scene and obtain an official accident report. Next, contact your insurance company and contact an Attorney for further information and guidance. For your information, I have included the following commonly asked questions and answers concerning personal injury and motor vehicle accidents. Q: If I am involved in a motor vehicle accident, what should I do?A: If you, your family member or any other persons involved in the accident need medical assistance, promptly contact the police, ambulance or fire rescue squad and obtain the necessary medical care. With regard to any motor vehicle accidents, all motor vehicle operators have a duty to stop their vehicle and exchange information with the other drivers and/or law enforcement personnel. This information should include driver's license information, vehicle registration information and vehicle insurance information. Therefore, you should keep your driver's license, registration card and insurance identification cards in a safe and easily accessible location to your motor vehicle. Next, obtain any medical evaluations or treatment which is necessary. Report the accident to your insurance company. Take a photograph of the damage to your motor vehicle and the scene of the accident. Q: What happens if my vehicle is towed from the scene of the accident?A: Find out from the police officers who investigated this accident which towing company towed your vehicle. Normally, police departments have relationships with certain towing companies and your vehicle is towed to an impoundment lot which may be located at the police station or at the towing company's place of business. Q: When and how can I get my personal possessions from the vehicle?A: If you are able, you should take all personal and/or valuable articles and remove same from the motor vehicle at the scene of the accident. If you are unable to remove these items, you can contact the police department and/or towing company directly to make arrangements to remove your personal property at a later point in time. Before going to the location of your vehicle, it is advisable to check with the police department and/or towing company to determine the exact location of the vehicle, the time period that you can access your vehicle and whether or not you need any additional documentation to remove your property or remove the vehicle from the impound location. Some police departments require that you obtain a release from the police department before the vehicle or any property may be removed from the vehicle which has been towed or impounded. Q: How are the medical bills paid?A: Depending on your automobile insurance coverage, medical bills associated with motor vehicle accident are normally paid through your automobile insurance company unless you have selected an alternative source of medical bill payment such as your healthcare company. When obtaining any medical care, you should bring with you your automobile insurance information including the name, address, telephone number, claim number and policy number of your automobile insurance company. For more information regarding New Jersey Automobile Insurance information, please see information contained in the "Insurance Law" Section of this Web Site. Q: What happens if my automobile insurance company does not pay my medical bills?A: Again, depending on the automobile insurance coverage you have selected, the insurance company is normally obligated to pay for your medical bills associated with the accident, even if the accident was your fault. If the insurance company fails to pay your medical bills, you should contact this office to determine why and what course of action should be taken. This office can take additional steps, including but not limited to, contacting your insurance company to resolve the dispute and by filing a law suit on your behalf to obtain the benefits that you may be entitled to. Q: What happens if I get a ticket in the accident?A: Depending on the circumstances, one or all of the drivers involved in the motor vehicle accident may have been given tickets. You should consult this office or an attorney with regard to your rights and possible penalties resulting from the issuance of the motor vehicle tickets. Q: What happens if I was working during the time of the accident?A: Depending upon the circumstances, even whether or not the accident was your fault, if you were working for your employer at the time of the accident, you may have or be entitled to file a Workers' Compensation claim. For more information regarding Workers' Compensation claims, please see the information contained in the "Workers' Compensation" Section of this Web Site. Q: Can I sue any other driver who was involved in this motor vehicle accident and what can I sue them for?A: Common claims arising out of a motor vehicle accident include claims for unpaid medical bills, lost income, property damage, loss of services of a spouse and claims for pain and suffering as a result of the injuries sustained in the motor vehicle accident. Before you can proceed with a claim, many factors have to be analyzed including but not limited to your own selection of automobile insurance coverage, i.e. whether or not you selected an insurance coverage option which restricts your right to sue. In addition, your right to sue may depend on who was at fault or contributed to the motor vehicle accident including your own actions commonly referred to as your "comparative negligence". Q: Is there a time limit to file a law suit?A: Yes. The time limitations or also what is referred to as the "Statute of Limitations" differs from each State. Normally, the time period in which a law suit has to be filed in the State of New Jersey for a claim for pain and suffering is no later than two (2) years from the date of the accident. There are only a few minor exceptions to the rule. The time period may also be shorter than two (2) years, depending on when and what type of claim you file. Therefore, it is very important that you determine how much time you have to file a law suit. This can easily be done by contacting this office. Q: What is the Verbal Threshold?A: All New Jersey residents involved in an automobile accident, depending upon their insurance selection, are bound by one of the following:
The "0" threshold permits an injured party to sue for non-economic damages such as pain and suffering without any limitation. The Verbal Threshold or the Limitation on Law Suit Threshold carries very different consequences and can restrict your rights in regard to filing a law suit for non-economic damages as a result of being involved in a motor vehicle accident. Q: How did the verbal threshold come about?A: Generally, the verbal threshold came about as a result of changes in New Jersey Automobile Insurance Law. In approximately 1983, the determination as to whether or not a person could sue for non-economic loss, i.e. pain and suffering, depended upon their selection of a dollar amount threshold associated with the amount of medical bills incurred in a motor vehicle accident. The lower the threshold selected normally meant that citizens paid higher insurance premiums were paid. The higher the threshold, the lower insurance premiums were paid. Essentially, what happened was that persons injured in an automobile accident that selected higher thresholds were allegedly over-treating to overcome their dollar amount thresholds in order to sue another driver for non-economic damage or pain and suffering. In approximately 1988, the New Jersey Legislature amended the law and introduced the "Verbal Threshold" or "Non-Verbal Threshold". If a person had selected the Non-Verbal Threshold, that person was not restricted or barred from pursuing a law suit for non-economic damages against any other drivers involved in the motor vehicle accident. If the person selected the Verbal Threshold, generally, in order for that person to recover non-economic damages, that person's injuries must have met or fell into one of the following categories:
As with any law, the Verbal Threshold has been subject to Court interpretation. Whether a person who selected the verbal threshold or restricted his right to sue could still file a law suit for non-economic damages or for pain and suffering, depended upon whether or not that person's injuries met any of the above-referenced injury types. Under the new law, as of May 19, 1998, which is currently being phased in, the State of New Jersey has again changed the motor vehicle insurance laws and in an attempt to save drivers money on their insurance costs, has enacted "The Automobile Insurance Cost Reduction Act". The selection of the Verbal Threshold or lawsuit limitation threshold limits your rights to make a claim for pain and suffering. Under the new law, if you are subject to the Verbal Threshold, you may only be successful making a claim or filing a law suit in the event your injuries fall into one of the following six (6) types or categories:
Q: Does the Verbal Threshold apply in all cases?A: The answer to this question is generally "No." The Verbal Threshold or Limitation Law Suit Threshold does not apply to the following persons:
For most of us, the use of an automobile is very common, however, when you are involved in a motor vehicle accident, for most of us, your knowledge of your rights and responsibilities is less than clear. For this reason, you should seek the services of this office or an attorney admitted to practice law in your State for assistance and guidance with your automobile questions or claims. For more information, please contact Blair C. Lane, Sr., at 856-528-3010. Initial consultations are free. |
