5. EXCHANGE INFORMATION WITH THE OTHER DRIVER:

Obtain the names and addresses of all other drivers involved, along with the names and addresses of other passengers. Write down the vehicle information from the registration cards of all cars involved in the accident, as well as the insurance information [name, address and policy numbers]. If you notice that their insurance or registration has expired, inform the police

6. DO NOT ASSUME THAT THE POLICE REPORT WILL CONTAIN ALL AVAILABLE INFORMATION:

This is particularly true of names and addresses and telephone numbers of eyewitnesses, so make sure you get this information yourself. This is extremely important when there are different stories as to how the accident happened, for example, when both drivers at an intersection accident claim to have had a green light, when it’s only possible for one of them to have had a green light.

If you don’t obtain witness information at the scene, it is probably lost forever.

7. POINT OUT ANY PHYSICAL EVIDENCE TO THE POLICE:

By physical evidence, I mean any debris from the cars in the roadway, any skid marks from the vehicles involved, damage to each of the vehicles, as well as any physical signs of injury (bruise, laceration, etc.).

8. WRITE DOWN THE DETAILS OF THE ACCIDENT:

It is a good idea to write down what happened soon after the accident. The sooner you make notes of the details of the accident, the more information will be preserved for later, before your memory may fade and some of the specifics are lost. Your note should include date and time, road conditions, weather conditions and speed of all other vehicles involved. It is also a good idea to draw a diagram of the accident showing the position and direction of the vehicles just prior to and after the accident.

9.  REPORT THE ACCIDENT TO YOUR INSURANCE COMPANY:

Your insurance company is responsible for the payment of your medical bills, and must be promptly notified of the crash and of your injuries. Frequently the insurance company will ask you for a tape-recorded statement, and I suggest that you do not do so without an attorney. I give this advice because your insurance company often is your adversary when you present claims, and also because I may have serious problems with the way the questioner interrogates you  – they may be suggesting answers that may not be true, may suggest facts in their questions, or other tricky or confusing questions.

10. IF YOU ARE INJURED IN THE ACCIDENT:

If you are in pain, go to the Emergency Room or see a doctor as soon as possible.  Potentially serious and costly injuries may not be evident at first; let these experts evaluate you and determine if your injuries require treatment.

11. TAKE PICTURES:

Take pictures of the accident scene, skid marks, and damage caused to your vehicle.  If you were bruised or have other obvious signs of injury, you should also have someone take pictures of any bruises on your body – black and blue marks, bruises from seatbelts, anything that proves that there were forces to your body from the crash.  This evidence proves that your body experienced a forceful blow, and the photos will help contradict the defendant’s insurance company’s doctor who will certainly have a great resume, and who will say that you are not injured at all, or not as seriously as your own doctor testifies.

The entire  article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com .  Other sources of NJ Lawyers can be found on  NJ lawyer or NJ Law firm

1. CALL THE POLICE:

If you are involved in a motor vehicle accident causing injury to person or property, you are required to stop and give, your name, address, and show your driver’s license and insurance identification card to the person who is injured or whose property is damaged, or to a police officer. By doing this you are making an official record of the event, obtaining an independent witness [the police officer] of some facts of the event, and documenting a statement from the other driver

2. .INJURED PERSONS RECEIVE FIRST CONSIDERATION:

If anyone is injured, inform the police officer who will then call an ambulance immediately.  Before help arrives, you should not move an injured person. Keep the person warm with blankets or coats if necessary. Do not give an unconscious person anything by mouth. If you are injured, get to an emergency room.

3.  PROTECT THE SCENE:

Make every effort to prevent further accidents. Vehicles should not be left in a position of danger on a highway if they can be moved, nor should passengers remain in such a vehicle. If the highway is obstructed at night, have someone with a flashlight warn approaching motorists, activate your flashers and set out flares or reflectors if they are available.

4. MAKE A COMPLETE REPORT TO THE POLICE:

Give the police officer the basic facts e.g., how it happened, the color of the light, what the other driver told you, etc. Ask the police officer how you can get a copy of the accident report and write down the police officer’s name and badge number. Inform the officer of any symptoms that you are experiencing.

The balance of this article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyer or NJ Law firm

Auto accidents are, unfortunately, an ordinary part of our lives. They are costly, not only because of our auto insurance expenses but also because of the impact on our lives both economic and as a result of pain and inconvenience they cause.

Having practiced law in the areas involving personal injury for almost forty years I have seen the impact on my clients lives ranging from minor soft tissue (muscle, tendons and ligaments) to lifetime disabilities such as burns, brain damage, crippling fractures and nerve damage causing paraplegia and even quadriplegia. Our office has also handled many cases resulting in death which certainly impacts significantly on the lives of a family and friends of the unfortunate victim.

While some accidents can certainly be avoided by careful, attentive and defensive driving you cannot always protect yourself from the negligence of others, especially in the age of cell phones, GPS guidance systems and text messaging.

So if you do find yourself in an automobile or other moving vehicle such as motorcycle, bicycle or truck accident, shown below are the important steps you should take to protect yourself from possible legal, medical and/or financial problems that might arise from that accident:

At the scene:

a.) Contact police immediately so that a proper accident record is created that describes the events that led to the accident and the consequences of the accident. Be certain the report the accident to the police officer in a concise statement (please do not talk to much) and in a light most favorable to you. While you may be tempted to make polite apologies to another driver, they can be construed as an admission of fault, so do not do it. Even if you might be at fault, do not make any statements of fault. Let the police make there own judgment.

b.) Never tell the officer at the scene of the accident that you are not injured even if you think you feel fine. A statement that you are shaken up unsure if you are hurt will help should litigation become necessary. We are not suggesting you lie, just letting you know that most soft tissue injuries such as muscle, ligament and cartilage damage will not become apparent for 12-24 hours. A statement that you are not injured at the scene of the accident will, without doubt, be used against you in any later settlement discussions, trials and even insurance claims for medical attention should injuries later show up as a result of the accident.

Insurance Claims:

Make sure you get the name of the other driver’s or drivers’ insurance company at the time of the accident. Report the accident to your insurance company immediately giving them the date and time of the accident and the other driver(s) insurance information. DO NOT GIVE YOUR INSURANCE COMPANY ANY OTHER INFORMATION WITHOUT FIRST SPEAKING TO AN ATTORNEY. Neither the other driver(s) NOR your insurance company is looking out for your best interest. Trust me on that…your insurance company may talk of “good hands” but they are looking to pay the least amount of money on any claims you make as possible.

Repairing your vehicle: Take your vehicle to a qualified Auto Body Shop. If you have property damage coverage on your insurance policy, your own insurance company will arrange for the repairs. Your deductible or a portion of it may be paid by the other driver’s insurance company depending on the assessment of who is at fault for the accident. That is another good reason to speak to your attorney first before any further steps are taken. BE CERTAIN TO OBTAIN PHOTOS OF THE DAMAGE BEFORE REPAIR FROM THE BODY SHOP. Digital copies are best.

Medical Care:

a.) Always see your family physician within three days of the accident and if you are feeling any pain at the scene of the accident you would like to go to the hospital. If an ambulance is necessary because you are not feeling up to driving or your vehicle is not capable of being driven, ask the officer to arrange for an ambulance for you.

b.) At the emergency room and any subsequent visits always report any pain that you are feeling no matter how small you think it is at the time. The reason is that if your pain gets worse and becomes a permanent problem, it is extremely important that you are able to “connect the dots” back to the accident. Consistent reporting of areas of pain that increases and even decreases over time will establish the connection to the accident. Throughout your treatment be very careful what you say. I recently had a case in which my client was severely injured in an accident required pain surgery and was left with a severe permanent injury to his leg. After the surgery he advised his physician that he was feeling “80% better”. This was used against him at the time of trial. Report your accident truthfully but in a light most favorable to you. At the ER people tend to focus on the place in their body where they are feeling the most pain. That is not always what ends up to be the real problem so be certain to report all pain, if it is present in any place in your body as it can get a lot worse. After specific descriptions of pain, a statement to the triage nurse and or treating ER doctor to the effect that “I ache all over” (if true) can assist later in evaluating your case should new symptoms appear at a later date.

Medical Expenses:

a.) PIP coverages on your auto policy – Most drivers in New Jersey have personal injury protection coverage (PIP) on their automobile insurance policies. This coverage is considered one of the best in the nation as it provides $250,000.00 of medical coverage. In exchange for that substantial amount of coverage you are liable for a copay and deductible of $1,200.00 on the first $5,000.00 of medical expenses. That money is non refundable, however, if a doctor treats you for a substantial period of time they will sometimes be willing to reduce the copay obligations. In addition, if you have your own health insurance, you should report both policies to your physician because the copay and deductible can, in some cases, be picked up by your health coverages.

Health Insurance alternative – Some people have opted out of the PIP coverage when selecting their policy coverages, have no auto insurance or may not be eligible for PIP¹ for reasons to complex to go into here. If you have substituted your own health insurance policy as primary on your auto policy or have no auto insurance and use private health insurance or medicare/medicaid coverages you may be required to reimburse your insurance company for the money they lay out for your care related to the injuries sustained in the accident. If you settle with the other driver’s auto insurance company without this being taken into consideration you could be stuck for those bills. A knowledgeable attorney who is experienced in auto accident injury cases will know to include the amount of the bills in your settlement so you are adequately protected. This is one of the reasons that the insurance industry likes to settle before the lawyer is involved.

c.) In addition there are complex insurance issues that arise when you are injured in a state in which you do not reside. These are called conflict or choice of law issues. Our lawyers are admitted to practice in both Pennsylvania and New Jersey . In those cases where a Pennsylvania licensed and insured driver is injured in New Jersey and/or the reverse, the insurance laws can get quite complex and it is very important that you become aware of, and your attorney is familiar with, those complexities. Jerrold Kamensky and Philip Cohen teach those matters for continuing legal education courses.

Selecting your lawyer:

a.) Of course you knew that I would get to this point and I have a good deal of bias in this area. Kamensky- Cohen & Associates has been practicing personal injury and insurance law since 1972. It is not the only area of our practice and I would suggest you see our website to explore other areas that we can help you with. We have exceptional depth of experience in both New Jersey and Pennsylvania and we have taught other lawyers on the inter-relationship of automobile insurance law between the two states.

If you click on the friends and family link below you will connect to our website and you can sign up to become a member of our “friends and family”. So long as you are a member thirty days or more before you are involved in an accident you will be treated with a special rate as set forth in the friends and family section.

Once you are a member of friends and family we will assist you, without charge in reviewing your automobile insurance and provide you with advice on how to get the best protection for the least amount of money. We are here to help you.

For more information about  NJ Personal Injury Law or to find a New Jersey Personal Injury Lawyers Additional lists of NJ Personal Injury Law Firms can be found here.

Automobile Accident FAQ’s
By Kamensky Cohen & Associates
www.kc-law.net

Published by www.new-jersey-lawyers.com

The Pains of an Automobile Accident:
Being involved in an auto accident is often far more than a mere inconvenience. In addition to the pain of injuries, concerns about your recovery, possible shock/psychological trauma and financial concerns, there are complicated legal and insurance labyrinths thru which you will need to maneuver.

How we can help:
In our legal practice, focusing on Personal Injuries, we encounter many of the same questions and concerns from our clients who have been involved in auto accidents. Below are some of the most common followed by brief, helpful answers. Above all, we highly recommend that you consult Kamensky – Cohen & Associates as soon as possible before you agree to any settlements offered by insurance adjusters, both those of the other driver(s) involved and your own.

Before you settle:
Sign nothing and accept no checks to cover your property or medical damages before consulting a lawyer! Even if you end up with no serious injuries, it is best to find out your rights before you agree to anything. Only a lawyer will be able to explain all of the legal, medical and financial issues with your best interests in mind. The insurance companies that contact you with advice are protecting their pocketbooks so be careful and consult with an attorney before you make any agreements.

Frequently Asked Questions:
Note: As our legal practice is in both New Jersey and Pennsylvania, a few of the following answers are specific to each of these two States and will be noted as such.

Do I need to notify my own insurance company if it is the other guy’s fault?
Yes, because, in order to obtain all the benefits and rights to which your auto insurance policy entitles you, notice is a pre-requisite regardless of who is at fault.

Should I notify the other guy’s insurance company?
Yes, if you are able to obtain that information at the scene of the accident, all insurance companies should be notified regardless of fault. If you have been hit, notice to the other party’s insurance company will help to insure that they will step in sooner rather than later and will help effectuate an early return of your various costs for property damage as well as establish a claim number to work with on all other related claims. If you engage an attorney, he/she should also give notice to the other party’s insurance company in writing.

Who should I notify if I am injured?
Aside from getting medical attention as soon as possible, you must, by law, notify the police. Most states require that they should be called to the scene of the accident. If they are not called, you should go to a nearby police station and make a report of the accident immediately. They will fill out an accident report form that will be referred to should a lawsuit arise, so be sure you respond accurately to their questions. If there are any witnesses, do everything you can to obtain their names, addresses and telephone numbers. As soon as you are able, you, or, if you are too injured, a family member or friend, should contact Kamensky – Cohen & Associates immediately to insure that your rights are being protected. Following the proper procedures will give you the choice of whether or not you want to pursue a claim later when the extent and true nature of your injuries are known.

Should I cash any checks from any insurance company sent to me to cover my damages?
Not without legal advice. Cashing a check may prejudice your rights in the future as regards the accident. We advise that you call Kamensky – Cohen & Associates to discuss your accident before accepting any monies offered you by an insurance company (your own or those of any other party involved in the accident) to be sure you are not jeopardizing your rights for future claims.

To whom should I send the doctor/hospital bill for any treatment I receive for injuries arising from an auto accident? Who pays for my or my family’s medical treatment following an auto accident?

NJ: In New Jersey: Your own auto insurance will pay for medical treatment arising from an auto accident in which you are involved regardless of who is at fault. However, make sure your medical providers know the regulations and requirements necessary to submit their bills to your auto insurance carrier to insure payment. We at Kamensky – Cohen & Associates can help guide both you and them on this matter. In some circumstances, your health insurance carrier will provide the coverage. Again, we will be able to assist you in determining this.

PA: In Pennsylvania, medical bills go first to your auto insurance carrier. They will pay all bills up to the amount of your policy’s medical coverage (generally $5,000 up to $100,000, with even more available if you choose). When your medical coverage through your auto insurance is exhausted, bills are sent to your health insurance carrier. If your health insurance is with an HMO, it is wise to look for the highest medical coverage you can afford on your auto policy.

The difficulties encountered with HMO payments are only enhanced when dealing with an auto injury caused medical claim. While the HMO may be required to pay for your auto related medical care they will seek reimbursement from you when you receive your recovery from the party who injured you.

What should I do or say if the other guy’s auto insurance contacts me?
The short answer to this is…nothing. Refer him/her to your lawyer, and let your lawyer know that you have been contacted and who it was that contacted you. Insurance companies have been severely reprimanded for unfair practices having to do with these types of contacts. Do not become a victim of an insurance company’s “bad faith” practice.

How do I know if I have a case against the other guy?
This can only be answered by a competent attorney. There should be no charge for discussing a potential Personal Injury case with an attorney.

If I do sue, how long will it take to collect on my damages? How much will I get?
Hard question to answer in a general way. Each case is different and the length of time and eventual payout depends upon the nature and complexity of your case. Some will take only a few months to resolve, others may take several years. How much you will eventually receive on your case also depends on the nature of your injuries and the overall impact they end up having upon your life. Another factor is how competent your attorney is. A good attorney will maximize and “work” the case to achieve the best possible results for you. This may take a little more time and effort on both you and your attorney’s part, but the results are usually worth it. When choosing an attorney for your case, look for someone who has particular skill and experience in personal injury litigation (rather than your estate planning lawyer, for instance). A Certified Civil Trial Attorney is designated as such by the Supreme Court of the state in which he/she practices as able to demonstrate sufficient levels of experience, education, knowledge and skill in civil trial practice and is a good criterion to look for when choosing a lawyer to handle your case.

If there is damage to my car, who pays and how much? How do I get a car in the meantime and who pays for it?
Property damage is almost always paid for by either your or the other party’s insurance company depending on who is at fault. If your insurance pays for it, you will have to pay the deductible, however, if the other party’s insurance company pays, they will pay the entire cost of repairs/replacement and reimburse your insurance company for any payments they have already made on the repairs and you for any amount of deductible that you may have already paid. As to a rental car, whether or not your insurance company pays for it depends upon your insurance policy benefits. If the other party is at fault, however, the cost of a rental car is a legitimate claim added to your claim for damages, however, it may take a while to get reimbursed and you or your insurance company will have to pay for the rental car initially. Speak to your lawyer for more information about reimbursement for these expenses.

If I sue, how do I pay my lawyer?
Injury cases are almost always taken by lawyers on a “contingency” basis. This means that nothing is paid to the attorney until, and usually, unless there is a monetary recovery for damages. At that point a percentage of the recovery is given to the attorney, the amount of which is set by the contract between you and your attorney. Some states, such as New Jersey limit those percentages that an attorney can charge. The costs involved in the process of bringing the case to either trial or settlement are usually fronted by the offices of Kamensky – Cohen & Associates and are deducted from the recovery at the time of settlement before the dispersing of monies is made. That means, in effect, both you and the attorney share the costs of the case at Kamensky – Cohen & Associates. Some law firms deduct all the costs of the case from your share of the recovery. Costs are for services that your attorney’s office must pay besides our fees such as court fees, doctors’ reports and testimony, document production from outside agencies/offices, etc. We will explain all of these things to you at your first meeting and should present you with a “Fee Agreement” outlining all of these issues and be able to answer any questions you may have. Bottom line: there are no fees or costs to you until there is a settlement and then a set legal percentage of the recovery, after costs, is paid to your attorney.

Is there a limit to how long after an accident occurs that I can still sue for damages?
Yes, and although a general rule in New Jersey and Pennsylvania is two years from the date of the accident, it can vary with the circumstances of the case. For instance, a minor involved in an accident has two (2) years from the date of his/her 18th birthday to sue regardless of how long ago the accident occurred. It is important to consult with an attorney regarding this question as these time periods vary from state to state and can also vary due to the nature of the claim.

What if I’m injured in an accident in which I’m a passenger, who do I sue for damages? Who pays for my medical treatment?
The answer to these questions vary with the circumstances of the case. As an injured passenger in a car that is involved in an accident, you will probably sue whoever is responsible for the accident, but remember, it is the person’s auto insurance you are suing that pays the claim in most cases! The driver responsible for the accident may even be your spouse, but a suit against your spouse’s insurance company (probably the same as your own insurance company) may be necessary to protect you and your health. If the responsibility for the accident is shared by both drivers and you are injured, both will be named in a suit, the percentage of responsibility determined by the two respective insurance companies during the settlement negotiation or at the time of a trial. The answer to who pays for your medical treatment is also complicated. If you or anyone in your household owns a car and has insurance coverage, that insurance company will probably pay your medical costs. If not, the insurance company of one of the parties involved in the accident will pay your medical costs. In all cases, these issues are best handled by Kamensky – Cohen & Associates to insure that your rights are protected and that you receive the benefits to which you are entitled.

What if I’m involved in an auto accident with someone who has no auto insurance or has very minimal coverage…not enough to cover my damages?
A very important question, especially in New Jersey where recent legislation has made available a very minimal policy which offers very little to no protection in the event of an accident. It is very important that the auto insurance policy you choose to cover yourself and your family have adequate Uninsured/Underinsured Motorist coverages. It is these coverages that compensate for any lack of insurance policy benefits of others. No matter how serious your injuries in an accident are, you will have little luck in recovering any amount more than available insurance coverages…either the other party’s, or your’s. Since you cannot count on being involved in an accident with someone with adequate insurance coverage, make sure that your own UM/UIM coverages are at the highest level you can afford. Talk to your insurance agent and review your policy, or better yet, call us at Kamensky – Cohen & Associates to review your insurance coverages with you. If the accident has already happened and the guy who has hit you has no insurance and your Uninsured/Under Insured coverage is for $15,000, your total recovery will be $15,000 or less depending on how severe your injuries are. Your recovery amount cannot be any more than the amount of your own auto insurance policy’s Uninsured/Under Insured benefits if the responsible party has no insurance.

If the other driver has a $15,000 policy and your injuries/damages are determined as being “valued” at $50,000, how much of that $50,000 you actually realize will also be determined by your Uninsured/Underinsured Benefits. If your benefits are for $100,000, the other party’s insurance company will pay his $15,000 and your own insurance will pay you the balance, or $35,000. If your UM/UIM coverage is only $15,000, you will not recover anymore than the $15,000 paid by the other party’s policy regardless of how serious your injuries are or what impact they have upon you economically and/or your quality of life.

Also, please note that if you are driving without auto insurance, you cannot sue for damages even if the other guy is at fault and there are no medical benefits available to you through any auto insurance policy.

Contact Kamensky – Cohen & Associates for more assistance in your legal situation. Visit www.kc-law.net for more information.