Frequently Asked Questions about Car Accidents

If you or a loved one have been involved in a car accident, you may have some of the below questions about your case and your legal rights and options.

What Should I Do If I’ve Been Hurt in an Accident?

The first thing to do following a car accident is to make sure that everyone is okay; call 911 if anyone has been injured. Otherwise, you should contact the police department directly to have an officer come prepare a police accident report. Be sure to get the contact and insurance information of the driver (and the owner of the vehicle if different from the driver). If possible, try to take photographs or video of the accident scene, including damage to the vehicles, the traffic controls at the scene, and the weather, road, traffic, and lighting conditions at the time of the accident. You must also report the accident to your own insurance company; however, you may also want to consult with a car accident attorney before giving any statements to an insurance company.

What If I Was Injured in a Rideshare Vehicle?

If you were injured as a passenger in a Lyft or Uber vehicle, you may be entitled to seek compensation through the insurance coverage offered by the rideshare companies, in addition to compensation from the at-fault driver(s) and their insurance coverages.

What If I Was Injured by an Intoxicated Driver?

In most cases, an intoxicated driver is determined to be at fault for a car accident. You may also be able to seek liability against a bar or restaurant or a social host if they continued to serve the intoxicated driver when he or she was visibly intoxicated; however, social host liability does not relieve an intoxicated driver of his or her negligence. 

How Do I Pay for Medical Treatment?

Although you are primarily responsible for paying your medical bills, if you are injured by another negligent driver, that driver or his or her insurance company will be responsible to compensate you for your damages, including for your medical treatment expenses. You may also be able to cover your medical treatment costs through your personal injury protection coverage under your own auto policy, or by submitting a claim to your health insurance policy.

Who Decides Who Was at Fault for My Accident?

In most car accident claims, the drivers involved, through their insurance companies and attorneys, will reach a settlement in which the parties agree on who was at fault for the accident and to what extent. If the parties can’t agree to a settlement, they will usually proceed to court, where a judge or jury will issue a verdict determining who was at fault. The parties may also choose to resolve their dispute in arbitration, where an arbitrator will issue a ruling determining who was at fault for the accident. 

Can I File a Claim If I Was Hit by Someone Texting and Driving?

If you are involved in an accident with another driver who was texting and driving at the time of the accident, you can file a claim for compensation against that driver. If you can prove that he or she was on his or her cell phone at the time of the accident, it can be strong evidence that driver’s actions are what caused the accident. 

Should I Give a Statement to the Insurance Company?

Ideally, you will have a car accident attorney representing you; you can request that the insurance company direct any communications to your attorney, who can handle dealing with the insurance company on your behalf. If you must give a statement to an insurance adjuster, you should try to limit your statement to the facts of the accident as your remember them; don’t embellish anything, try to blame someone for the accident, or apologize for any of your actions.

Contact a Clifton Personal Injury Lawyer to Discuss Your Car Accident Case in New Jersey

Did you or a loved one sustain serious injuries due to a car accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Silverman & Roedel, LLC represent clients injured because of car accidents in Hawthorne, Little Falls, Ringwood, Woodland Park, and throughout New Jersey. Call (973) 772-6411 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 1187 Main Avenue, Suite 2C, Clifton, NJ 07011.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.