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

1. Get to Safety and Report the Accident

Move to a safe location if you can do so without risking further injury. Call 911 when anyone may be injured or the accident presents an immediate hazard. New Jersey requires prompt notice to the appropriate police agency when an accident causes injury, death, or more than $500 in property damage. A written accident report generally must also be submitted within 10 days unless a law-enforcement officer files one. N.J. Stat. Ann. § 39:4-130. If your condition permits, collect:

• The other drivers' names, contact information, and insurance details;
• License-plate and vehicle information;
• Photographs or video of the vehicles, roadway, traffic controls, and visible injuries;
• Witness names and contact information; and
• The responding agency's name and accident-report number.

Do not argue about fault or speculate about what caused the collision. Give truthful, concise information to responding officers.

2. Seek Appropriate Medical Care

Do not ignore pain or other symptoms following an accident. Obtain emergency assistance when necessary, and explain to each provider that your condition followed a motor-vehicle accident. Keep copies of medical records, discharge instructions, prescriptions, bills, and referrals. Follow your providers’ instructions and attend scheduled appointments. These materials can help document your treatment and support the insurance process.

3. Notify Your Automobile Insurance Company

Report the accident to your automobile insurer as soon as practicable and request instructions for opening both the vehicle-damage claim and any applicable personal injury protection claim. New Jersey law permits an insurer to require written accident notice as soon as practicable when the policy provides PIP benefits. N.J. Stat. Ann. § 39:6A-5.

When you contact the insurer, ask for:

• Your claim number;
• The adjuster's name and contact information;
• PIP application forms;
• The address or portal for submitting documents;
• A copy of the applicable decision-point-review and precertification plan; and
• Information about deductibles, copayments, provider networks, and coverage limits.

New Jersey PIP may pay for reasonable, necessary, and appropriate medical treatment under the policy’s approved benefit plan, subject to the policy limit, deductible, and copayments. N.J. Stat. Ann. § 39:6A-4.

Cooperate with reasonable requests for claim information, but review documents carefully. Consider obtaining legal advice before signing a broad medical authorization, giving a recorded statement to another driver’s insurer, or accepting a settlement.

4. Understand the Precertification Process

Precertification is an insurer-review process that may require advance approval for specified non-emergency procedures, treatments, diagnostic tests, services, or medical equipment. The requirements depend on the insurer’s approved plan and the type of proposed care.

Typically, the treating provider submits a request explaining the proposed care and the clinical findings supporting it. The insurer then responds under its approved plan by authorizing, modifying, or denying reimbursement for the request. Some care-path treatment is instead governed by decision-point review, which is a related but distinct process.

Failure to request required precertification or decision-point review — or failure to provide supporting clinical findings — can result in an additional copayment of up to 50% of the eligible charge for medically necessary services furnished during the period of noncompliance. The penalty cannot be imposed when the insurer received the required notice but failed to act under its approved plan. N.J. Admin. Code § 11:3-4.4.

A treating provider must also notify the PIP insurer of the commencement of treatment no later than 21 days after treatment begins. The insurer generally must advise the provider of the patient’s coverage status within 14 days after receiving that notice. N.J. Admin. Code § 11:3-25.3.

Because patients and providers both play roles in this process, confirm that your provider has the correct insurer, claim number, and PIP contact information. Ask whether any recommended care requires precertification or decision-point review and whether the necessary request has been submitted.

5. Why the First 10 Days After an Accident Matter

The first 10 days are important, but New Jersey’s rule is frequently misunderstood: an insurer may not impose a precertification requirement during the first 10 days after the insured event. Coalition v. N.J. Department of Banking, 348 N.J. Super. 272 (N.J. Super. 2002).

This protection allows accident victims to obtain initial treatment without waiting for precertification. It does not mean that all treatment is automatically covered, that treatment must end after day 10, or that other policy and claim requirements disappear.

After the initial 10-day period, precertification or decision-point-review requirements may apply to specified treatment, testing, services, or equipment. Missing an applicable requirement can create a substantial additional copayment even when the care was medically necessary. N.J. Admin. Code § 11:3-4.4.

The 10-day accident-report deadline is a separate requirement. When the statutory reporting threshold is met and law enforcement does not submit the report, the driver generally must forward a written report within 10 days after the accident. N.J. Stat. Ann. § 39:4-130.

6. Contact a Personal Injury Attorney

Consider speaking with a New Jersey personal injury attorney promptly, particularly when you suffered injuries, fault is disputed, multiple vehicles were involved, coverage is unclear, or an insurer questions treatment.

An attorney can help you:

• Identify potentially responsible parties and applicable insurance coverage;
• Preserve evidence and communicate with insurers;
• Review PIP, precertification, and decision-point-review issues;
• Document damages and evaluate settlement proposals; and
• Track claim-notice and lawsuit deadlines.

New Jersey generally requires a personal injury action to be filed within two years after the claim accrues, subject to exceptions. N.J. Stat. Ann. § 2A:14-2. Claims involving a New Jersey public entity or public employee may require a notice of claim within 90 days after accrual. N.J. Stat. Ann. § 59:8-8.

Car Accident Checklist

After a New Jersey car accident:

1. 1.Get to safety and call for emergency assistance.
2. 2.Report the accident when required.
3. 3.Exchange information and document the scene.
4. 4.Obtain appropriate medical care.
5. 5.Notify your automobile insurer promptly.
6. 6.Open the PIP claim and provide claim information to your providers.
7. 7.Confirm that treatment-commencement notice is submitted.
8. 8.Ask whether later care requires precertification or decision-point review.
9. 9.Save all records, bills, photographs, and correspondence.
10. 10.Consult a personal injury attorney before important deadlines expire.

Speak With a New Jersey Car Accident Attorney

If you were injured in a collision, Surman Law can review your accident, insurance coverage, medical-treatment authorization issues, and potential personal injury claim. Contact us at 732-745-6798 or surmanlaw@gmail.com to schedule a consultation.

References

1. [1]Section 39:4-130: Immediate notice of accident; written report — N.J. Stat. Ann. § 39:4-130
2. [2]Section 39:6A-5: Payment of personal injury protection coverage benefits — N.J. Stat. Ann. § 39:6A-5
3. [3]Section 39:6A-4: Personal injury protection coverage, regardless of fault — N.J. Stat. Ann. § 39:6A-4
4. [4]Section 11:3-4.4: Deductibles and co-pays — N.J. Admin. Code § 11:3-4.4
5. [5]Section 11:3-25.3: Notification of commencement of treatment — N.J. Admin. Code § 11:3-25.3
6. [6]Coalition v. N.J. Dept. of Banking, 348 N.J. Super. 272 (N.J. Super. 2002)
7. [7]Section 2A:14-2: Actions for injury caused by wrongful act, appointment of guardian ad litem — N.J. Stat. Ann. § 2A:14-2
8. [8]Section 59:8-8: Time for presentation of claims — N.J. Stat. Ann. § 59:8-8