What to Do After a Serious Auto or Motorcycle Accident in NJ

Scott Seelagy

The days following a collision shape what is possible months later. Evidence disappears, memories fade, and early statements are difficult to walk back. I have seen strong claims weakened by decisions made in the first week.

 

Seek Medical Attention and Follow Through on Treatment

 

Get evaluated promptly, even if you do not think you are hurt. The Centers for Disease Control and Prevention notes that some mild TBI or concussion symptoms may not appear for hours or days, and that a brain scan is not needed to identify one. A normal CT result does not necessarily rule out a concussion.

 

Attend follow-up appointments and describe your symptoms accurately. Carriers may scrutinize gaps in treatment and argue they weaken the connection between the crash and the injury. If you cannot make an appointment, tell your provider and record the reason.

 

Preserve the Record While It Still Exists

 

Under N.J.S.A. 39:4-130, a driver in a crash causing injury, death, or more than $500 in damage to any one person's property must promptly notify local, county, or State Police. If law enforcement does not submit a crash report, the driver generally must forward a written report to the Motor Vehicle Commission within 10 days.

 

Beyond that report, preserve:

  • Photographs of vehicle damage, the scene, and visible injuries
  • The crash report number and the responding officer's name
  • Names and contact information for every witness
  • Relevant text messages, medical records, and wage loss documentation
  • A dated log of symptoms as they develop

Be Careful in Communications with Insurance Representatives

 

The other driver's insurer may request a recorded statement, medical authorization, or signed release within days of the crash. Consider speaking with an attorney first. Your own carrier is different, because your policy likely imposes duties of cooperation, so respond promptly and review what it requires.

 

Do not settle before you understand the likely course of your injuries. Depending on how it is written, a release can resolve some or all claims arising from the accident.

 

Avoid minimizing your symptoms in casual conversation. New Jersey generally applies modified comparative negligence, and a person more than 50 percent responsible for an accident generally cannot recover from others (N.J.S.A. 2A:15-5.1).

 

Two Questions I Am Asked Often

 

What if the other driver has limited insurance? Case value and available coverage are separate questions. For New Jersey Standard policies issued or renewed on or after January 1, 2026, minimum bodily injury limits are $35,000 per person and $70,000 per accident, with property damage at $25,000. Basic policies differ. Serious injuries can exhaust those limits quickly, so identify uninsured and underinsured motorist coverage, umbrella coverage, and other responsible parties early. Motorcycle claims can raise coverage issues unlike passenger-vehicle cases.

 

What if symptoms appear days later? Report them to a healthcare provider and have them documented. If they are severe or worsening, seek emergency care rather than waiting for a routine appointment.

 

When Routine Insurance Handling Is Not Enough

 

Surgery, permanent impairment, traumatic brain injury, disputed liability, and multiple defendants all change the analysis. So does the limitation on lawsuit options in many New Jersey policies (N.J.S.A. 39:6A-8), which can restrict recovery of non-economic damages unless the injury falls within a statutory category. Most personal injury suits carry a two-year filing deadline (N.J.S.A. 2A:14-2), though exceptions and separate notice requirements exist.

 

If any of that describes your situation, I would welcome the opportunity to review the facts with you. I handle every phase of a case personally and will tell you honestly whether pursuing the matter makes sense.

 

Call (973) 670-1557 to request a personalized consultation.

 

This article provides general information about New Jersey law and is not legal advice about any specific matter. Reading it does not create an attorney-client relationship.