Dealing with Insurance Companies: Tips for a Successful Personal Injury Claim in NJ

When you’ve been injured due to another’s negligence in New Jersey, it can be a daunting process to seek rightful compensation. Often, dealing with insurance companies becomes the most challenging part of the journey. They are businesses first, and their primary concern is their bottom line—not your recovery. However, with the right approach, you can successfully navigate the complex world of insurance claims and get the compensation you deserve.

Understanding New Jersey’s Personal Injury Insurance Landscape

New Jersey’s insurance landscape is distinct, especially concerning personal injury cases resulting from automobile accidents. It has some specific rules and systems that residents, drivers, and claimants must understand to navigate their claims effectively. Here’s a primer on New Jersey’s personal injury insurance landscape:

No-Fault Insurance System

What It Means: New Jersey operates under a “no-fault” insurance system. Under this system, after an auto accident, an individual’s own insurance policy is responsible for paying some or all of their medical bills, regardless of who was at fault for the accident.
Personal Injury Protection (PIP): PIP is a mandatory coverage for all auto insurance policies in New Jersey. It covers medical expenses, and depending on the policy, it might cover lost wages or other related damages. The minimum required PIP coverage is $15,000 per person, per accident, but policyholders can opt for higher limits.

Choice between Limited Right to Sue and Unlimited Right to Sue

When purchasing auto insurance in New Jersey, policyholders have the choice between:

Limited Right to Sue (Standard Policy): By choosing this, policyholders limit their ability to sue other drivers for pain and suffering unless severe injuries like dismemberment, significant scarring, displaced fractures, or death result from the accident.
Unlimited Right to Sue (Basic Policy): This option costs more but allows policyholders to retain the right to sue for pain and suffering for any injury, regardless of its severity.

Comparative Negligence Rule

For personal injury claims outside auto accidents, like slip and fall cases, New Jersey uses a modified comparative negligence rule. Under this rule:

If you’re partially at fault for the accident leading to your injuries, your compensation will be reduced by a percentage equal to your fault.
However, if you’re found to be more than 50% at fault, you cannot collect any damages from the other at-fault parties.

Liability Coverage

While New Jersey operates under a no-fault system, liability coverage is essential because it protects drivers if they’re responsible for an accident and cause injuries or property damage to others. The minimum liability coverages are:

$15,000 for bodily injury per person
$30,000 for total bodily injury if multiple people are injured
$5,000 for property damage per accident

Uninsured and Underinsured Motorist Coverage

This is an optional coverage in New Jersey, but it’s crucial. It protects you if you’re in an accident with a driver who either doesn’t have any insurance or doesn’t have enough insurance to cover your damages.

Property Damage Liability

This is the part of an insurance policy that covers any damages to someone else’s property. In the case of auto insurance, it usually pertains to the damage to another person’s car, but it can also cover damages to structures, personal properties, or other stationary objects.

Tips for Dealing with Insurance Companies

Understanding how to effectively communicate and negotiate with these entities can play a crucial role in securing the compensation you deserve. Here are some key tips for dealing with insurance companies during your personal injury claim in NJ:

Notify Your Insurance Promptly: After an accident or injury, it’s essential to inform your insurance company as soon as possible. Adhere to all deadlines and provide all necessary information.

Document Everything: Starting from the accident scene, gather evidence. This includes photos, witness contacts, police reports, and medical records. A well-documented case can strengthen your claim.

Do Not Give Recorded Statements: Insurance adjusters might ask for a recorded statement. Politely decline until you’ve consulted with a lawyer. Anything you say can be used against you later.

Know the Value of Your Claim: Before engaging in negotiations, understand the extent of your injuries, potential long-term implications, and how they affect your life and work. This will help you understand what a fair compensation might look like.

Do Not Accept the First Offer: Insurers might offer a settlement quickly to close the case. However, these initial offers are often much lower than what you deserve. It’s usually best to consult with an attorney before accepting any offer.

Use Written Communication: When dealing with insurance adjusters, prefer written communication, like emails, over phone calls. This creates a record of all interactions, which can be useful if there are discrepancies later.

Be Cautious on Social Media: Insurance companies may monitor your social media profiles to find any evidence that your injuries aren’t as severe as claimed. Limit your posts and update your privacy settings.

Know When to Lawyer Up: If your injuries are severe or if the insurance company refuses to negotiate in good faith, it might be time to hire an experienced personal injury attorney. Legal experts can navigate the intricacies of insurance claims more effectively and can often help you secure a better settlement.

Benefits of Hiring a Personal Injury Lawyer

Experience with Claims: Lawyers understand the nuances of personal injury law and can advocate for your best interests.

Negotiation Skills: Experienced lawyers know the tactics insurance companies use and can negotiate effectively to maximize your compensation.

Stress Reduction: Dealing with injuries is stressful enough without the added burden of battling insurance companies. Having a lawyer allows you to focus on recovery while they handle the legal complexities.

Contact an Experienced Personal Injury Lawyer at Drazin & Warshaw for a Free Consultation About Your Case Today

While insurance companies play a crucial role in the aftermath of an accident, remember that they are not always on your side. Arm yourself with knowledge, maintain meticulous records, and know when to seek professional help.

At Drazin & Warshaw, we’ve been assisting New Jersey residents in their personal injury claims for years. We understand the tactics insurance companies employ and are ready to fight for the compensation you rightfully deserve. If you’re feeling overwhelmed by an insurance claim, don’t hesitate to reach out.