A car accident takes a few seconds. The claim that follows can take much longer, and most of what decides its outcome happens in the first hours, before you have spoken to a single lawyer.

Insurance companies know this. Their entire process is built around the gap between the moment you are hurt and the moment you understand your rights. The five mistakes below are the ones that quietly cost people the most. None of them require bad luck. They just require not knowing.

The deadlines working against you

Before the mistakes, three deadlines. They start running the day of the crash, whether or not anyone tells you they exist.

2YRS Time to file Statute of limitations for most NJ injury claims. N.J.S.A. 2A:14-2.
10DAYS To self-report If police did not file a report, you file form SR-1 with the NJ MVC.
90DAYS If a public entity is involved Notice of claim deadline under the NJ Tort Claims Act.

Miss one and the strongest case in the world can be over before it starts. Now, the mistakes.

Mistake 01

Leaving the scene without a record.

The scene is the strongest evidence you will ever have, and it exists for about an hour. Skid marks, vehicle positions, debris, the other driver's demeanor, the weather, the witness who stopped and then drove off.

Call the police. If they do not come, file form SR-1 with the New Jersey Motor Vehicle Commission within 10 days.[NJ MVC] Photograph everything: all vehicles, every angle, plates, the intersection, the road, your injuries. Get names and numbers of witnesses before they leave. An adjuster reading your file weeks later believes what was documented. Nothing else.

A person at the roadside photographing minor damage on a car door with a smartphone.
Photograph everything before it moves. Every vehicle, every angle, the plates, the road. The file an adjuster reads weeks later is the file you build now.
Mistake 02

Apologizing.

"Sorry" is a reflex. In a claim file, it reads as an admission. You can be decent without being liable. Check on everyone, stay calm, but do not narrate fault, do not speculate about what happened, and do not announce that you are fine.

You do not have the full picture at the scene, and neither does anyone else. Fault is a legal determination, not a curbside conversation.

The insurance company starts its file the day of the crash. Most people start theirs months too late.
Mistake 03

Waiting to see if it gets better.

Adrenaline is a painkiller, and it wears off. Whiplash, soft-tissue injuries, and concussions often stay quiet for hours or days.[CDC] Two things happen when you wait. Your health gets worse, and a gap opens in the record.

Every day between the crash and your first medical visit is a day an insurer can argue your injury came from something else. See a doctor promptly. Tell them it was a crash. Follow the plan they give you.

Mistake 04

Talking to their adjuster.

The other driver's insurer will call fast, and they will be friendly. Friendly is the job. A recorded statement taken while you are still rattled, before you know the extent of your injuries, becomes a script they read back to you months later when your symptoms are worse than you first said.

You are not required to give it. You can decline, give only basic facts to your own insurer, and speak with a lawyer before you say anything more.

Mistake 05

Taking the first number.

The first offer is an opening, made before anyone knows what your recovery actually costs. Once you accept and sign the release, the claim is closed, even if you need another procedure next year.

The same goes for social media. A photo of you smiling at a barbecue becomes the other side's evidence that you were not really hurt. Until the claim is resolved, assume someone is watching. Do not sign, and do not post.

What to do instead

The whole list, in order, for the day of the crash and the days right after.

  1. Call the police. If they do not come, file form SR-1 within 10 days.
  2. Photograph everything, and collect witness names and numbers.
  3. Be kind at the scene, but do not discuss or speculate about fault.
  4. See a doctor promptly, even if you feel fine, and mention the crash.
  5. Do not give the other insurer a recorded statement.
  6. Do not accept an early offer or post about the accident online.
  7. Talk to a personal injury attorney before any deadline runs.

Common questions

Do I have to call the police after a minor accident in New Jersey?
New Jersey law requires reporting a crash that causes injury, death, or significant property damage. If police do not respond, you must file your own written report (form SR-1) with the NJ Motor Vehicle Commission within 10 days. A police or self report creates an official record. Without one, the facts become your word against the other driver's.
How long do I have to file a personal injury claim in NJ?
Generally two years from the date of the crash, under N.J.S.A. 2A:14-2. If a government vehicle or public entity is involved, you may have as few as 90 days to file a notice of claim under the New Jersey Tort Claims Act. Different deadlines can apply to minors and to certain situations, so do not assume you have the full two years.
Should I give the other driver's insurer a recorded statement?
You are not required to give a recorded statement to the other driver's insurance company. Those statements are commonly used later to find inconsistencies in your account. You can decline, share only basic facts, and speak with an attorney before saying more.
What if I did not feel hurt at the scene?
Many crash injuries, including whiplash, soft-tissue damage, and concussions, do not produce symptoms for hours or days. Getting checked promptly protects both your health and the medical record that connects your injury to the crash.

This article is general information about New Jersey law, not legal advice, and reading it does not create an attorney-client relationship. Every situation is different. For advice about your specific case, speak with a licensed attorney. Attorney advertising.

Sources

  • New Jersey Motor Vehicle Commission, crash reporting and form SR-1.
  • N.J.S.A. 2A:14-2, statute of limitations for personal injury actions.
  • New Jersey Tort Claims Act, N.J.S.A. 59:8-8, notice of claim deadline.
  • U.S. Centers for Disease Control and Prevention, delayed-onset crash injuries.
Written by

Frank Leddy

Personal injury attorney at V+L Partners. Barred in New Jersey, New York, and Pennsylvania.