Getting injured in an auto accident is often costly, and compensation is naturally one of the primary concerns of injured individuals. However, some factors could lead an accident survivor to delay filing a car accident injury claim.
In New Jersey, as in any other state, there are deadlines for personal injury claims and lawsuits that you should bear in mind.
When should you start a PIP claim after an accident in NJ?
New Jersey is a no-fault state in terms of vehicle accidents, which means it doesn’t matter who was at fault in your collision – your Personal Injury Protection (PIP) insurance should cover your losses first.
For the process to begin, your insurance carrier will require written notice of your injuries. Typically, this is satisfied when the company receives your medical bills, after which you will be given a PIP form to accomplish.
If you’re getting treatment from a medical provider other than a hospital — for example, from a specialist practice — you must ensure that your insurer receives a notice of “commencement of treatment” within 21 days of your first clinic visit.
Delaying your PIP claim can result in a reduced payout, so it’s best to initiate the process as soon as you can after the accident.
What is the deadline for filing an injury lawsuit in NJ?
The statute of limitations is a law that sets a time period within which you must file a lawsuit. In New Jersey, the statute of limitations for personal injury is generally two years from the date of the accident.
A couple of exceptions apply:
- If you were a minor at the time of the accident, the two-year clock starts once you turn 18.
Conversely, the time period to sue is shorter if you’re bringing a case against the government (for example, if your accident was caused by public works negligence). The time limit to sue a government entity in NJ is only 90 days.
When is the Best Time to File a Personal Injury Claim?
Bringing a lawsuit may not be your priority after a distressing accident, but it’s wise to file your claim early on. Even if you’re thinking only of your PIP coverage now, getting your legal claim started will help you and your attorney preserve evidence before it disappears and collect witness statements while they’re accessible.
Most personal injury claims don’t proceed to a stressful trial – they’re settled out of court. Many claimants find that filing a lawsuit gives them better leverage in negotiating a fair settlement, as insurance companies take them more seriously.
To determine your best legal recourse following your auto accident, you’ll want to consult with a reliable personal injury attorney.
Don’t Delay! Contact a Personal Injury Lawyer in NJ Today.
The Grossman Law Firm is a top-rated personal injury firm in New Jersey. We have obtained millions of dollars in settlements for our clients, taking care of the legal process so they could focus on healing from their injuries.
Your consultation with the Grossman Law Firm is free and confidential. You lose nothing by discussing your accident with us. Call us at (732) 625-9494 or send us a message today.
