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Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
A car crash can leave you dealing with pain, vehicle damage, missed work, and several insurance companies at once. Even when another driver appears responsible, questions about medical coverage, fault, and the right to pursue compensation can quickly complicate the claim.
New Jersey generally requires an injured person to look first to applicable Personal Injury Protection coverage for crash-related medical expenses. A separate claim against an at-fault driver may address losses that PIP does not cover, but the available remedies depend on the insurance policies, injuries, evidence, and circumstances of the collision.
The Epstein Law Firm, P.A. has represented clients throughout New Jersey since 1973 and maintains an office in Rochelle Park NJ. The firm offers free case evaluations to help injured people understand their insurance coverage, deadlines, and possible next steps.
The Epstein Law Firm
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The Epstein Law Firm can review your car accident claim and explain the evidence, deadlines, and next steps that may apply.
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Protecting your health comes first. After calling 911 when necessary and following the instructions of emergency personnel, consider these practical steps:
Injured in a Rochelle Park NJ crash? Call 201-231-7847 or request a free case evaluation to discuss the accident with The Epstein Law Firm.
Personal Injury Protection, commonly called PIP, can pay covered medical expenses regardless of who caused the collision. The deductible, copayment, available benefits, and coverage limit depend on the applicable policy.
Some policyholders select their health insurer as the primary source of medical coverage for automobile injuries. If that option applies, the health plan generally pays first and the auto insurer provides secondary PIP coverage. Medicare and Medicaid cannot be selected as the primary health insurer under this option. Reviewing the declarations page, coverage-selection form, and health plan is essential before assuming which insurer should receive the bills.
A Standard Policy requires a choice between the Limited Right to Sue and Unlimited Right to Sue options. The limited option restricts claims for pain, suffering, and other noneconomic losses unless the injury meets a statutory category, such as a displaced fracture, significant scarring or disfigurement, loss of a body part, loss of a fetus, permanent injury, or death.
A qualifying permanent injury must be supported by objective medical evidence. The limitation generally concerns noneconomic damages; it does not automatically eliminate claims for economic losses such as unpaid medical expenses or lost income.
More than one person can contribute to a New Jersey collision. Under the state’s modified comparative-negligence rule, an injured person may generally recover when their responsibility was not greater than that of the party or combined parties from whom damages are sought. The recovery is then reduced by the injured person’s percentage of fault.
Evidence matters when an insurer alleges speeding, distraction, an unsafe lane change, failure to keep a proper lookout, or another act of shared responsibility.
The other driver is not always the only party that should be investigated. Depending on the facts, potential responsibility may involve:
The existence of a citation, crash report, vehicle defect, or roadway problem does not by itself establish civil liability. Each potentially responsible party must be evaluated under the law that applies to that relationship and conduct.
An injured person can help by preserving information already in their possession. A lawyer may then seek evidence that is unavailable without a formal investigation.
Important materials may include:
Do not repair or dispose of an involved vehicle before the insurers have had a reasonable opportunity to inspect it. Save receipts for towing, storage, transportation, medication, and other crash-related expenses.
Questions about PIP, fault, or available insurance? The Epstein Law Firm can review the policies and evidence connected to a Rochelle Park NJ collision. Call 201-231-7847 or contact the firm online.
Car accidents can cause fractures, neck and back injuries, soft-tissue injuries, scarring, joint damage, and head trauma. Some symptoms may become noticeable only after the initial shock of the collision has passed.
The CDC explains that concussion symptoms can appear immediately or hours or days later. A worsening headache, repeated vomiting, unusual confusion, slurred speech, seizures, weakness, or an inability to wake the person are among the danger signs requiring immediate emergency attention. This guidance cannot diagnose an injury or replace advice from a medical professional.
The broader effect of an injury also matters. A person may need rehabilitation, assistance at home, job accommodations, or future treatment. Clear medical documentation can connect those needs to the collision and show how the injuries have affected work and everyday activities.
The losses recoverable after a crash depend on the insurance coverage, proof of fault, lawsuit option, and nature of the injuries. Potential compensation may include:
No person automatically qualifies for every category. A careful evaluation should distinguish documented past losses from anticipated future needs and identify the insurance available to pay a valid claim.
New Jersey generally requires a personal injury lawsuit to be filed within two years after the claim accrues. Different rules or exceptions may apply depending on the injured person, the defendant, and how the claim arose.
A much shorter deadline can apply when a state agency, county, municipality, public authority, public employee, or government-owned vehicle may be involved. The New Jersey Tort Claims Act generally requires notice within 90 days. Limited late-notice procedures may exist, but permission is not automatic. Prompt review is important even when medical treatment is continuing or an insurer is still investigating.
A lawyer can investigate the collision while the injured person concentrates on medical care and recovery. That work may include:
For information about claims arising from other types of incidents, visit the firm’s broader Rochelle Park NJ personal injury lawyer page. The firm’s statewide New Jersey car accident practice provides additional information about automobile claims.
The Epstein Law Firm can review the evidence, insurance issues, and next steps that may matter in your car accident claim.
The Epstein Law Firm offers free case evaluations for people injured in Rochelle Park NJ and elsewhere in New Jersey. An attorney can review what happened, identify relevant insurance, discuss the evidence, and explain the deadlines that may apply.
Talk with The Epstein Law Firm about your Rochelle Park NJ car accident. Call 201-231-7847 or schedule a free case evaluation. An inquiry does not establish an attorney-client relationship, and representation begins only after the firm accepts the matter and confirms the arrangement in writing.
These answers provide general information. The applicable insurance, injuries, responsible parties, deadlines, jurisdiction, and available evidence can change the legal analysis.
Call 911 when anyone may be injured, the vehicles create a danger, or emergency assistance is needed. Remain at the scene, exchange identifying and insurance information, and cooperate with responding officers. If you can do so safely, photograph the vehicles, surrounding road, traffic controls, and visible damage.
Obtain appropriate medical care and promptly report the crash to the applicable insurer. Do not speculate about injuries or fault, sign a broad release, or post detailed statements about the collision online. Preserve receipts, medical instructions, witness information, and photographs. New Jersey generally requires police notification when a crash causes injury, death, or more than $500 in property damage.
Sources: New Jersey statute governing crash reports and notice; New Jersey MVC Driver Manual; CDC concussion danger signs.
You may be able to request the approved NJTR-1 report through New Jersey’s online crash-report portal. The portal asks for information about the roadway and collision. Report availability, fees, and processing procedures can depend on the agency that investigated the crash.
If the Rochelle Park Police Department handled the collision and the report is not available through the portal, contact the department to ask about its records procedure. A crash report can identify drivers, insurance information, witnesses, roadway conditions, and the officer’s recorded observations. It can assist an investigation, but an officer’s report or citation does not conclusively decide civil fault.
Sources: New Jersey crash-report request portal; Rochelle Park Police Department; New Jersey crash-reporting statute.
Applicable PIP coverage usually pays covered medical expenses without first deciding who caused the crash. The available benefits depend on the policy’s limits, deductible, copayment, medical-necessity requirements, and other terms. PIP does not automatically pay for vehicle repairs or every financial loss caused by an accident.
The order changes when the policyholder selected a health insurer as primary for auto-related medical care. In that situation, the health plan generally pays first and PIP becomes secondary. Medicare and Medicaid cannot be selected under that option. Review the declarations page and coverage-selection form, and give medical providers accurate insurance information so bills are submitted to the appropriate payer.
Sources: New Jersey Standard Auto Insurance Policy guide; NJDOBI health-insurer-for-PIP guidance.
Possibly, but the injury must generally fall within a statutory category. The Limited Right to Sue option restricts noneconomic-damages claims unless the collision causes death, loss of a body part, significant disfigurement or scarring, a displaced fracture, loss of a fetus, or a permanent injury supported by objective medical evidence.
An injury is considered permanent under the statute when the affected body part or organ has not healed to function normally and will not heal normally with further treatment. Medical documentation and causation remain important even when the diagnosis appears to fit a listed category. The limitation does not necessarily bar recovery of provable economic losses such as unpaid medical expenses or lost wages.
Sources: New Jersey Standard Auto Insurance Policy and lawsuit options; New Jersey Courts Model Civil Jury Charge 5.33.
Yes, partial fault does not automatically prevent recovery in New Jersey. An injured person may generally recover when their negligence was not greater than that of the party—or combined parties—from whom damages are sought. The recoverable amount is reduced by the percentage of fault assigned to the injured person.
Fault percentages are not controlled by the police officer’s opinion or an insurance adjuster’s initial decision. Photographs, witness accounts, vehicle damage, traffic laws, surveillance video, and other evidence may affect the analysis. When a two-vehicle crash results in a 50% allocation to each driver, recovery may still be possible, but it would generally be reduced by half.
Sources: New Jersey comparative-negligence statute; NJDOBI comparative-negligence FAQs.
New Jersey generally gives an injured person two years from the date a personal injury claim accrues to file a lawsuit. Negotiating with an insurer, receiving treatment, or waiting for a claims decision does not necessarily pause that period. A property-damage claim may be governed by a different limitation period.
Shorter requirements can apply when a government agency, municipality, county, public employee, or government-owned vehicle may share responsibility. New Jersey’s Tort Claims Act generally requires notice within 90 days. Although a court may permit a late notice in limited circumstances, that relief is not automatic. An attorney should determine the correct deadline based on the parties and facts rather than relying solely on the general two-year rule.
Sources: New Jersey personal-injury limitation statute; New Jersey Treasury public-entity claim guidance; New Jersey late tort-claim notice statute.
Your own uninsured or underinsured motorist coverage may provide benefits if it applies to the crash. Uninsured motorist coverage addresses certain losses caused by a driver without applicable insurance. Underinsured motorist coverage may apply when the responsible driver has insurance but its liability limit is lower than your available underinsured motorist limit.
Coverage depends on the policy, the insured’s status, timely notice, proof of fault, damages, and compliance with claim requirements. A Basic Policy may not provide the same protection as a Standard Policy. Notify your insurer promptly if there is any indication that the other driver is uninsured or has inadequate coverage, even while the liability insurer is still investigating.
Sources: New Jersey Auto Insurance Buyer’s Guide; NJDOBI Standard Auto Insurance Policy guide; NJDOBI uninsured and underinsured motorist claim guidance.
Seek guidance from an appropriate medical professional and describe when each symptom began. Some neck pain and mild traumatic brain injury symptoms may not be obvious immediately after a collision. Delayed symptoms do not prove a particular diagnosis or establish that the crash caused them, so a qualified provider must evaluate the medical issues.
The CDC advises immediate emergency care for danger signs such as a worsening headache, repeated vomiting, seizures, unusual confusion, weakness, slurred speech, unequal pupils, or an inability to wake the person. Keep medical appointments and follow professional instructions. Your medical records should accurately document symptoms, examinations, diagnoses, treatment, restrictions, and changes over time.
Sources: CDC symptoms of mild TBI and concussion; CDC guidance after a mild TBI or concussion; MedlinePlus whiplash overview.
Compensation may include covered medical expenses, lost income, diminished earning capacity, property damage, future care, and legally recoverable pain and suffering. Which categories apply depends on the insurance policies, lawsuit option, nature of the injuries, proof of fault, and documentation of each loss.
PIP may pay covered medical expenses and certain other benefits, while collision coverage or a property-damage claim may address the vehicle. A liability claim may seek losses legally attributable to an at-fault party. Save medical bills, pay records, tax documents, repair estimates, receipts, and evidence of work restrictions. Future losses generally require reliable medical, employment, or expert support rather than speculation.
Sources: New Jersey Standard Auto Insurance Policy guide; NJDOBI guidance for claims with your own insurer; NJDOBI guidance for claims against another insurer.
A lawyer can investigate fault, identify available insurance, obtain evidence, document losses, communicate with insurers, and determine whether a lawsuit is appropriate. An early review can be especially useful when injuries are serious, fault is disputed, several vehicles were involved, or a public entity or commercial vehicle may share responsibility.
The Epstein Law Firm advertises free case evaluations and contingency-fee representation for personal injury matters. Ask for a written explanation of the fee percentage, responsibility for litigation expenses, how costs are deducted, and what happens if there is no recovery. A consultation does not itself establish an attorney-client relationship. Representation begins only after conflict review, acceptance of the matter, and a written agreement defining the scope and terms.
Sources: The Epstein Law Firm contact page; New Jersey Rules of Professional Conduct; The Epstein Law Firm car accident practice.
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340 West Passaic Street Rochelle Park, NJ 07662
Fax: 201-845-5973 201-231-7847
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560 Sylvan Avenue, Suite 1000-A Englewood Cliffs, NJ 07632 (By Appointment Only)
201-734-3763
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18-20 Lackawanna Plaza, Suite 200 Montclair, NJ 07042 (By Appointment Only)
973-381-8410
The Epstein Law Firm
The Epstein Law Firm