The sickening crunch when you get rear-ended in a car accident can feel terrifying, and if the collision was serious enough, you could suffer from debilitating injuries and unexpected financial burdens. But claiming the compensation you need to recover from your accident can feel overwhelmingly complicated as well. So, let a Middlesex County car accident lawyer at Mikita & Roccanova tell you what you need to know.
What Injuries Can You Sustain in a Rear-End Crash?
Even at low speeds, rear-end collisions can cause whiplash: one of the most common injuries, which occurs when the sudden impact forces your head and neck to snap forward and backward. The impact may also cause back injuries, spinal damage, concussions, and broken bones, even with proper safety equipment. In some cases, you may feel fine immediately after the accident but develop persistent pain, headaches, dizziness, or limited mobility down the road.
What Steps Should You Take After Being Rear-Ended?
After a rear-end accident, make sure to seek medical care immediately, even if you do not feel injured. Only a professional medical evaluation can help you identify hidden injuries that may worsen over time. If possible, take photographs of the vehicles, any tire skid marks, and all visible injuries. If someone saw the accident, ask for their contact information. Also, exchange details with the at-fault driver and report the accident to your insurance company, but avoid discussing fault or speculating on the cause of the crash, as any statements you make in the heat of the moment may be used against you later.
Can You Seek Compensation After a Rear-End Accident?
New Jersey follows a no-fault insurance system, meaning your own Personal Injury Protection (PIP) coverage typically pays for medical expenses, regardless of who caused the crash. However, if your insurance policy does not sufficiently cover your injuries, you may have legal options.
New Jersey drivers are required by law to purchase car insurance before registering and driving their vehicles. They may choose either a “basic” or “standard” policy while choosing their coverage. A “basic” insurance policy provides Personal Injury Protection (PIP), liability insurance, uninsured motorist insurance, and a “limited right to sue.” This limited right allows you to file a personal injury lawsuit to make up the difference between your coverage and costs, but you can only file a personal injury lawsuit if you suffered from catastrophic injuries.
If you opt for a “standard” insurance policy, however, you can choose either the “limited” or “unlimited” right to sue. The latter allows you to bring a lawsuit regardless of the damage you suffered.
How Can a Lawyer Help After a Rear-End Accident?
If you do choose to sue, bear in mind that New Jersey follows the “comparative negligence” rule. If a court finds you partially responsible for the crash, it may reduce your compensation by the percentage for which you were at fault. For instance, if an insurance company argues successfully that you failed to use a turn signal and therefore caused 20% of the collision, the court may decrease your payout by 20%. An experienced lawyer can counter these arguments and build your strongest case to claim maximum compensation for your injuries, whether before your own insurance company or in front of a judge.
Recovery After a Rear-End Car Accident With a Middlesex County Car Accident Lawyer at Mikita & Roccanova
A Middlesex County car accident lawyer at Mikita & Roccanova can guide you through the legal process, protect your rights, and help you fight for the compensation you deserve. For a free consultation, call 732-705-3363 or contact us online. Our Hazlet and Highland Park, New Jersey, office locations proudly serve clients in Ocean County, Sussex County, Neptune, Middlesex County, and Pennsylvania.