New Jersey Car Accident Attorney

If you were injured in a car accident anywhere in New Jersey, you may be entitled to compensation for medical expenses, lost income, and pain and suffering. New Jersey operates under a no-fault system governed by N.J.S.A. 39:6A-1 et seq., meaning your own Personal Injury Protection (PIP) coverage under N.J.S.A. 39:6A-4 pays initial medical bills regardless of fault. However, you may still bring a claim against the at-fault driver if your injuries meet the verbal threshold under N.J.S.A. 39:6A-8 or if you selected the zero threshold under N.J.S.A. 39:6A-10. The Epstein Law Firm has recovered $13.585 million, $10 million, $8.25 million, $4.25 million, and $4 million in serious injury cases. Michael J. Epstein is a Harvard Law graduate and Certified Civil Trial Attorney. Call (201) 231-7847 for a free consultation.

What Should You Do After a Car Accident in New Jersey?

The first minutes and hours after a crash matter more than most people realize.

Medical care comes first. Even if injuries seem manageable, evaluation is critical. Many serious injuries—especially spinal injuries and head trauma—do not present fully right away.

After that, the priority shifts to documentation and protection:

  • Call law enforcement and ensure a report is generated
  • Exchange information with all involved drivers
  • Photograph vehicle damage, road conditions, and the scene
  • Get contact information for witnesses
  • Seek medical evaluation promptly

Avoid giving recorded statements to insurance companies before understanding your position

In New Jersey, accident cases begin under the no-fault system, but they do not end there. What you do early affects:

  • How your injuries are documented
  • How insurers evaluate your claim
  • Whether your case expands beyond PIP
  • How fault is ultimately framed

The difference between a controlled case and a reactive one often starts here.

How Does No-Fault Insurance Work in New Jersey?

New Jersey’s no-fault system, under N.J.S.A. 39:6A-1 et seq., requires drivers to turn first to their own insurance for medical treatment after an accident.

That coverage comes through PIP under N.J.S.A. 39:6A-4.

Standard PIP coverage is $15,000, although policies may include higher limits such as:

  • $50,000
  • $75,000
  • $250,000

This system is designed to get treatment started quickly. But it also creates confusion.

  • “No-fault” does not mean:
  • No one was responsible

You cannot sue

The case is only about medical bills

It means your own insurer pays first for certain medical expenses.

After that, the case often moves into a second phase:

  • Determining fault
  • Evaluating injuries
  • Assessing whether a liability claim can be pursued

That second phase is where most serious cases are actually decided.

Can You Sue After a Car Accident in New Jersey?

Yes, but your rights depend on your insurance election and the nature of your injuries.

Many New Jersey drivers select the limitation on lawsuit option (verbal threshold) under N.J.S.A. 39:6A-8. This limits recovery for pain and suffering unless injuries meet specific statutory categories.

Drivers who select the zero or unlimited threshold under N.J.S.A. 39:6A-10 preserve the broader right to sue regardless of injury severity.

This is one of the most important distinctions in New Jersey accident law.

Two people can be in the same crash with similar injuries and have completely different legal outcomes based solely on:

  • Their threshold election

The medical documentation of their injuries

This is why understanding your policy is not optional. It is foundational.

What Injuries Meet the Verbal Threshold?

  • Under N.J.S.A. 39:6A-8, qualifying injuries may include:
  • Permanent injury
  • Significant disfigurement or scarring
  • Displaced fracture
  • Loss of a fetus
  • Death
  • Certain significant losses of bodily function

These categories are not always straightforward in practice.

A case involving:

  • Surgery
  • Long-term pain
  • Reduced mobility
  • Ongoing treatment

may still become a legal fight over whether the injury qualifies.

Insurance companies often focus heavily on this issue because it determines whether the case remains limited or expands into a full personal injury claim.

How Is Fault Determined in a New Jersey Car Accident?

Even though New Jersey is a no-fault state, fault still matters.

Once a claim moves beyond PIP, liability becomes central.

  • Evidence used to determine fault may include:
  • Police reports
  • Witness statements
  • Vehicle damage patterns
  • Surveillance or dashcam footage
  • Accident reconstruction
  • Road conditions and signage

New Jersey follows modified comparative negligence under N.J.S.A. 2A:15-5.1 et seq.

This means:

You can recover damages if you are 50% or less at fault

Your recovery is reduced by your percentage of fault

You recover nothing if you are more than 50% responsible

This rule is often where insurers try to reduce value by shifting blame.

What Compensation Is Available After a Car Accident?

  • Depending on the case, compensation may include:
  • Medical expenses
  • Future medical care
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Permanent disability

The severity of the injury drives value.

A case involving soft-tissue injury looks very different from one involving:

  • Surgery
  • Brain injury
  • Spinal damage
  • Long-term impairment

The Epstein Law Firm has recovered:

  • $4 million in a car accident case
  • $10 million in a catastrophic transportation case
  • $13.585 million in a confidential settlement
  • $8.25 million in another major case
  • $4.25 million in a wrongful death matter

Those numbers matter because they reflect experience with serious injury litigation, not just routine claims.

What Are the Most Dangerous Roads in New Jersey?

Certain areas consistently see higher accident volumes and more severe injuries.

  • Major corridors include:
  • Garden State Parkway
  • New Jersey Turnpike
  • Route 4
  • Route 17
  • Route 46
  • Route 22
  • Interstate 80
  • Interstate 78
  • Urban areas add additional risk factors:
  • Dense traffic
  • Pedestrian activity
  • Delivery and rideshare congestion
  • Complex intersections
  • Areas around:

The George Washington Bridge

  • Lincoln Tunnel
  • Holland Tunnel
  • Newark Airport corridors

often see a mix of local and high-speed traffic, increasing the likelihood of serious collisions.

Understanding where and how accidents happen is part of understanding liability.

How Do Insurance Companies Minimize Car Accident Claims?

Insurance companies are not neutral participants.

  • They often attempt to:
  • Minimize injury severity
  • Dispute medical necessity
  • Argue pre-existing conditions
  • Shift fault to the injured party
  • Push early settlements before full treatment is known
  • They may also rely heavily on:

The verbal threshold

  • Gaps in treatment
  • Limited documentation
  • Statements taken early in the claim

This is not accidental. It is structural.

The earlier a case is defined on their terms, the harder it becomes to change that narrative later.

What Happens After You Hire a New Jersey Car Accident Lawyer?

A serious case typically moves through several phases:

  • Investigation and evidence gathering
  • Medical record analysis
  • Insurance coordination
  • Liability development
  • Negotiation
  • Litigation if necessary

Strong cases are built, not assumed.

That includes:

  • Working with medical providers
  • Documenting permanency where applicable
  • Evaluating long-term impact
  • Preparing for trial even if settlement is possible

The difference between a handled claim and a built case often shows up in the outcome.

Why Choose The Epstein Law Firm?

The Epstein Law Firm represents accident victims across New Jersey with more than 120 years of combined experience.

The firm has recovered:

  • $13.585 million confidential settlement
  • $10 million transportation-related case
  • $8.25 million confidential settlement
  • $4.25 million wrongful death recovery
  • $4 million car accident recovery

Michael J. Epstein is a Harvard Law graduate and Certified Civil Trial Attorney, a distinction held by a small percentage of attorneys in New Jersey.

The firm was founded by Barry D. Epstein, former President of the New Jersey State Bar Association, reflecting a long-standing presence in serious plaintiff-side litigation.

Cases are handled on a contingency basis. You pay nothing unless compensation is recovered.

Where Do Car Accident Cases Get Filed in New Jersey?

Most cases are filed in the Superior Court of New Jersey, typically in the county where:

The accident occurred

The defendant resides

  • Or the parties are otherwise connected

Each county operates within the same statewide system, but local courts and juries can still influence how cases are evaluated and resolved.

How Do Local Pages Fit Into Your Case?

Car accident claims often connect to specific locations and sub-practice areas.

For example:

  • Jersey City crashes may involve dense urban traffic and pedestrian risk
  • Bergen County cases may involve Route 4, Route 17, and the Garden State Parkway
  • Rideshare accidents involve separate insurance layers
  • Serious injuries may connect to brain injury or wrongful death claims

This is why location-specific pages and practice-specific pages exist. They reflect how cases actually develop in the real world.

Frequently Asked Questions

How long do I have to file a car accident lawsuit in New Jersey?
In most cases, the deadline is two years under N.J.S.A. 2A:14-2. Waiting too long can permanently bar your claim, even if liability is clear.

What is PIP insurance in New Jersey?
PIP, under N.J.S.A. 39:6A-4, covers medical expenses after an accident regardless of fault. It is the first layer of recovery in most New Jersey car accident cases.

What is the verbal threshold?
The verbal threshold under N.J.S.A. 39:6A-8 limits your ability to recover pain and suffering damages unless your injuries meet specific legal categories.

What is the zero threshold?
The zero or unlimited threshold under N.J.S.A. 39:6A-10 preserves your broader right to sue for pain and suffering regardless of injury severity.

What happens if my medical bills exceed PIP coverage?
You may need to pursue a liability claim against the at-fault driver or explore other available coverage sources.

Can I recover damages if I was partially at fault?
Yes, as long as you were 50% or less at fault, under N.J.S.A. 2A:15-5.1 et seq. Your recovery is reduced by your percentage of fault.

How much is my car accident case worth?
Value depends on injury severity, treatment, long-term impact, and liability. Serious cases involving surgery or permanent injury typically carry higher value.

Do I need a lawyer for a New Jersey car accident case?
For minor claims, not always. For serious injuries, threshold issues, or disputed liability, legal representation can significantly affect the outcome.

Will my case go to court?
Some cases settle, others proceed to litigation. Preparation for trial often improves settlement outcomes even if trial is avoided.

What if the other driver was uninsured?
Your own policy may include UM/UIM coverage that applies in those situations.

How long does a car accident case take?
It varies. Some resolve in months, others take longer depending on injury severity, treatment, and litigation.

What should I avoid after an accident?
Avoid giving recorded statements, posting about the accident online, or accepting early settlement offers before understanding the full scope of your injuries.

Talk to a New Jersey Car Accident Attorney Today

A car accident can shift everything quickly—your health, your work, your finances, and your sense of stability. New Jersey’s no-fault system adds another layer that many people do not fully understand until they are already inside it.

The Epstein Law Firm helps accident victims across New Jersey navigate PIP, threshold issues, liability claims, and the full scope of recovery available.

Call (201) 231-7847 for a free consultation.
You pay nothing unless we win.

Related Practice Areas

New Jersey personal injury lawyer · NJ car accident lawyer · Jersey City car accident attorney · rideshare accident lawyer · brain injury attorney · wrongful death attorney · NJ no-fault insurance guide · PIP insurance explained

What should I do if I was in a car accident?

What should I do after an accident?

Immediately following an accident, you or someone in your vehicle should call the police. The police will prepare and file an accident report. This report could contain valuable information about your accident. If you are able to do so, you should take pictures of your car, the other driver’s car and the accident scene with your phone. You should exchange insurance information with the other driver, but should not discuss the accident any further. Any statements you make at this time could be used against you.

You should also seek medical attention. For serious injuries an ambulance will arrive at the accident scene. Even if you don’t believe you need immediate medical attention, you should have a doctor look at you to see if you sustained any injuries. The reason for this is that if you wait too long to seek medical attention, the insurance company may claim that the accident was not the cause of your injuries. After getting medical treatment, you should then contact a lawyer.

What are punitive damages? Are they available in my car accident case?

A third category of damages, punitive damages, may be available if the party who caused your accident acted intentionally or in a way that was especially shocking. Punitive damages are designed solely to punish the person who caused your accident. For example, if you were injured in an accident caused by a defective product in the vehicle, and the manufacturer knew about the defect (and profited from it), we may have a strong argument to support punitive damages. Punitive damages are also often awarded in drunk driving accident cases.

I have a settlement offer from the insurance company on the table. Should I accept it?

You should always speak with an experienced car accident lawyer before accepting any settlement offer. Once you accept, you cannot go back and try to get additional compensation even if you have additional expense. Remember, insurance companies are also much more likely to offer a fair settlement if they know you have legal representation to explain your rights. The insurance company–even your own–is always motivated to settle for the lowest possible amount.

What is “no-fault” insurance?

No-fault insurance is also known as Personal Injury Protection, or PIP. With PIP, you do not have to prove that the other driver is at fault for the accident. This coverage is required in New Jersey, although drivers can select between a standard policy and a basic policy. The standard policy provides additional PIP coverage, as well as additional coverage for bodily liability.

Another factor in your car insurance policy is your right to sue the other driver. If you select a “limited right to sue” in your policy, you will save some money. However, if you are in an accident and the other driver is at fault, you will not be able to sue them for your pain and suffering unless you sustain a permanent injury. Under New Jersey law, a permanent injury can include the loss of a limb or other body part, a displaced fracture, significant disfigurement or scarring. You can also bring a claim if you lose a fetus or if a loved one is killed in the accident.

What if the other driver claims that I am at fault for the accident?

New Jersey follows the “modified comparative fault” rule. This means that a jury will have to find that the other driver was more than 50% at fault for the accident in order for you to recover any damages. Once your case hits this threshold, your recovery can be reduced by your percentage of fault. Therefore, if you sustained $100,000 in damages but the jury found that you were 10% at fault for the accident, your recovery would be reduced by $10,000 and you would recover $90,000.

How long do I have to file a personal injury claim?

New Jersey’s statute of limitations on personal injury and wrongful death claims is two years. Therefore, you have two years from the day of the accident to bring a wrongful death claim. As a practical matter, however, you want to speak to an attorney well before two years. In a car accident, particularly one involving serious injuries, your lawyer will want to look at the accident scene and the vehicles. Generally speaking, the longer you wait to file a case, the more difficult it will be to prepare the strongest claim for damages.

How do I read my car insurance declaration sheet?

What amount of coverage should you have in your car insurance?

What happens when you have low PIP benefits in a car accident?

What happens when you have low UIM coverage in a car accident

What’s the difference between a lawsuit with a limitation and one with no limitation

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Related Practice Areas

New Jersey personal injury lawyer · NJ car accident lawyer · Jersey City car accident attorney · rideshare accident lawyer · brain injury attorney · wrongful death attorney · NJ no-fault insurance guide · PIP insurance explained

David L.

Thank you so much for everything. Thank you for always responding so promptly and for really going to bat for me. I believe that your heart is big for your clients on many levels.

Related Practice Areas

New Jersey personal injury lawyer · NJ car accident lawyer · Jersey City car accident attorney · rideshare accident lawyer · brain injury attorney · wrongful death attorney · NJ no-fault insurance guide · PIP insurance explained

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