A minor car accident might not seem like a big deal—until it turns into one. In New Jersey, even a fender bender can lead to unexpected medical bills, vehicle repairs, or insurance complications. Knowing what steps to take immediately after a minor crash can protect your health, your finances, and your legal rights.
At The Law Offices of Peter Briskin, P.C., we’ve helped countless New Jersey drivers navigate the aftermath of car accidents, both major and minor. Whether you’re dealing with uncooperative drivers, confusing insurance policies, or unexpected injuries, taking the right actions early can make a major difference in the outcome of your claim.
In this guide, we’ll walk you through exactly what to do after a minor car accident in New Jersey—from the scene of the crash to the final insurance paperwork—so you can stay protected, informed, and in control.
Immediate Actions at the Scene
Your first priority after any car accident—no matter how minor—is safety. Remaining calm and following a clear set of steps can help prevent further harm and protect your right to file a claim later.
Ensure Safety
- Move your vehicle out of traffic if it’s safe to do so. Pull over to the shoulder or a nearby parking lot.
- Turn on your hazard lights to warn other drivers and reduce the risk of a secondary collision.
- Check for injuries—not just your own, but also your passengers and others involved.
Call 911 if Necessary
Even in a minor accident, you should call 911 if:
- Anyone appears to be injured, even slightly.
- The vehicles are badly damaged or in a dangerous position.
- You’re unsure whether you need police assistance.
In New Jersey, police are often dispatched even for non-serious accidents, which helps create an official report—something that can be crucial later for insurance or legal claims.
Contact Authorities
In New Jersey, you are legally required to report certain accidents. Even if the crash seems minor, contacting the police can protect you from future disputes with insurance companies or other drivers.
When to Call the Police
Under New Jersey law (N.J.S.A. 39:4-130), drivers must report any accident involving:
- Injury or death
- Property damage over $500
If you’re unsure whether the damage exceeds this threshold, it’s safer to err on the side of caution and call the police.
Why a Police Report Matters
A police report provides an official record of the crash, including:
- Vehicle and driver information
- Road conditions
- Statements from involved parties and witnesses
Even in minor accidents, this report can strengthen your insurance claim and protect your legal rights—especially if the other driver changes their story later.
Filing a Report Yourself
If the police do not respond to the scene and the damage exceeds $500, you must file a written report with the New Jersey Motor Vehicle Commission (MVC) within 10 days. This ensures legal compliance and helps establish a paper trail for any potential claim.
Exchange Information
After ensuring safety and contacting the authorities, it’s critical to exchange the right information with the other driver. This step protects you in case of insurance disputes and helps establish liability.
What to Collect and Exchange
Make sure you gather the following from all drivers involved:
- Full name, address, and phone number
- Driver’s license number
- Insurance company name and policy number
- License plate number and vehicle make/model
- Vehicle registration information
- Employer details (if a commercial or company vehicle is involved)
If there are passengers or witnesses, ask for their names and contact information as well.
Be Calm and Respectful
Keep the conversation polite and factual. Avoid placing blame or admitting fault, even casually. Statements like “I’m sorry” can later be used against you.
Avoid Cash Agreements
Some drivers may suggest paying out of pocket to avoid involving insurance. This is risky. Vehicle damage or injuries might appear minor at first but worsen later. Always protect yourself by going through the proper channels.
Document the Scene
Thorough documentation can be your best defense if questions or disputes arise later. Use your phone to gather as much evidence as possible while the scene is still fresh.
Take Photos
Photograph everything from multiple angles, including:
- Damage to all vehicles involved
- License plates and vehicle positions
- The accident location (intersections, skid marks, road signs)
- Weather and road conditions
- Any visible injuries
These photos can help insurance adjusters, and if needed, a jury, understand exactly what happened.
Write Down Details
Take a moment to jot down or record:
- Date and time of the crash
- Weather, traffic, and lighting conditions
- What you recall happening before, during, and after the impact
Collect Witness Statements
If anyone saw the accident, ask for a brief description of what they observed. Be sure to get their names and contact details in case your attorney or insurance provider needs to follow up.
Avoid Admitting Fault
Even if you think you might be partially to blame, don’t say so at the scene. Let the insurance companies and, if necessary, legal professionals determine fault based on the facts and evidence.
Notify Your Insurance Company
Even if the accident seems minor, it’s important to notify your insurer as soon as possible. Delaying or skipping this step can lead to complications with your claim or even denial of coverage.
Report the Accident Promptly
Call your insurance company or file a claim online. Be ready to provide:
- The date, time, and location of the crash
- Contact and insurance information for the other driver
- Photos of vehicle damage and the scene
- Names of any passengers or witnesses
- The police report number, if available
Be Accurate and Honest
Stick to the facts and avoid speculation. Do not guess or exaggerate. Simply explain what happened and share the evidence you’ve collected.
Understand NJ’s No-Fault Laws
New Jersey is a no-fault insurance state, which means:
- Personal Injury Protection (PIP) covers your medical expenses regardless of who caused the accident.
- You’ll typically seek compensation for medical bills and lost wages through your own insurer first, not the other driver’s.
Limited Right to Sue
Depending on your policy, you may have a “limited right to sue” option. This can restrict your ability to pursue a lawsuit unless injuries are considered permanent or severe. An attorney can help you understand how your specific coverage impacts your rights.
Seek Medical Attention
After a minor accident, it’s tempting to skip the doctor—especially if you feel “fine.” But many injuries, like whiplash, concussions, or soft tissue damage, may not show symptoms immediately. Getting checked out is crucial for both your health and your legal protection.
Get Evaluated Promptly
Visit an urgent care center, your primary care doctor, or an emergency room—even if the crash seemed minor. Common delayed symptoms include:
- Headaches
- Neck or back pain
- Dizziness or fatigue
- Numbness or tingling
Early medical documentation helps establish that your injuries were caused by the accident, which is key when filing an insurance claim.
Keep Records
Save all medical records, receipts, and bills, including:
- Doctor visits
- Diagnostic tests (X-rays, MRIs)
- Prescriptions
- Physical therapy or follow-up appointments
These documents support your claim and may affect how much compensation you’re entitled to receive under your PIP coverage or a personal injury lawsuit.
Legal Considerations
Even in minor accidents, legal issues can arise—especially if injuries develop later, insurance coverage is disputed, or the other driver tries to shift blame. Taking legal precautions early can protect your rights and preserve your ability to recover compensation.
Preserve All Evidence
Keep a dedicated folder (physical or digital) with:
- Police reports
- Medical records and bills
- Repair estimates and receipts
- Insurance claim correspondence
- Photos and notes from the accident scene
This documentation forms the foundation of your case, whether you’re dealing with insurance or considering legal action.
Statute of Limitations in New Jersey
- Personal Injury Claims: You have 2 years from the date of the accident to file a lawsuit for injuries.
- Property Damage Claims: You have 6 years to file for vehicle or property damage.
Missing these deadlines can mean permanently losing your right to compensation.
Comparative Negligence Rule
New Jersey follows modified comparative negligence. If you’re found to be partially at fault, your compensation may be reduced. For example, if you are 20% at fault, you can still recover 80% of your damages—but if you’re more than 50% at fault, you may recover nothing.
Small Claims Court Option
For property damage under $3,000, you may be able to resolve the issue in Small Claims Court without hiring an attorney. However, this option does not apply to personal injury claims.
When to Consult an Attorney
You should contact a personal injury lawyer if:
- Your injuries worsen or require long-term treatment
- The insurance company denies or delays your claim
- You’re being blamed for the accident
- You feel pressured to accept a low settlement
At The Law Offices of Peter Briskin, P.C., we offer free consultations to help you understand your options and protect your rights under New Jersey law.
Common Mistakes to Avoid
Even a small misstep after a minor car accident can have major consequences—especially when dealing with insurance companies or pursuing a claim. Here are some of the most common mistakes New Jersey drivers make, and how to avoid them:
❌ Failing to Call the Police
Even if no one seems injured, having a police report helps establish an official record. This protects you if the other driver later changes their story or denies fault.
❌ Delaying Medical Treatment
Waiting too long to see a doctor can hurt both your health and your case. Insurance companies often argue that delayed treatment means your injuries weren’t serious or weren’t caused by the accident.
❌ Not Reporting the Accident to Your Insurer
New Jersey law requires prompt notification. Failing to inform your insurance company can result in denied coverage—even if the accident wasn’t your fault.
❌ Admitting Fault at the Scene
Saying things like “I didn’t see you” or “It was my fault” can be used against you later. Stick to the facts and avoid assigning blame, even casually.
❌ Missing Legal Deadlines
Waiting too long to take action—whether it’s filing a claim, preserving evidence, or consulting a lawyer—can cost you your right to compensation.
By avoiding these mistakes and following the proper steps, you can protect yourself both medically and legally after a minor collision.
| A minor car accident might not turn your world upside down—but how you respond in the minutes, hours, and days afterward can make all the difference. By staying calm, documenting everything, and following New Jersey’s legal and insurance guidelines, you give yourself the best chance at a smooth recovery—physically, financially, and legally. But if questions arise, if you feel overwhelmed, or if the insurance company doesn’t treat you fairly, you don’t have to handle it alone. At The Law Offices of Peter Briskin, P.C., we help everyday people across New Jersey get the support and compensation they deserve after auto accidents of all kinds—even the so-called “minor” ones. We offer free consultations, and you never pay unless we win your case. |
📞 Call us today at (908) 279-7979 to speak with an experienced New Jersey personal injury attorney.
