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What if the Other Driver Does Not Report the Accident to Their Insurer?

Posted on behalf of Lynch Law Firm on Dec 30, 2019  in Car Accidents News

woman-man-argue-crash-blue-and-gray-carsNew Jersey is a no-fault state, so accident victims first pursue medical expenses from their own insurance policy. However, you may be eligible to file a third-party claim with the other driver’s insurance company for property damage. 

New Jersey does require accident victims to report some accidents to the police. However, there is technically not a requirement to report it to their insurance company.

An experienced New Jersey car accident lawyer from the Lynch Law Firm is available to discuss information you would need to provide to the insurance company after an accident and how we may be able to assist you with your claim.

Filing a Third-Party Claim

Your no-fault insurance will not pay for the damages to your vehicle. You may be able to file a third-party claim with the at-fault driver’s insurance company. This claim, if successful, would only pay for the damages to your vehicle that the insured is responsible for.

To receive compensation from a third-party claim, you may have to provide evidence to show that the other driver was at fault for the accident, such as:

  • Traffic citations
  • Witness accounts
  • Photographs
  • Video
  • Medical records

The insurance company will investigate and determine whether its insured was responsible for the accident and if you shared any of the responsibility before offering any compensation for the accident.

If you have collision insurance, which is optional, you can file a claim with your own insurance to cover the property damage to your vehicle.

Coverage for Medical Expenses

Your medical expenses are covered by your no-fault insurance, otherwise known as Personal Injury Protection or PIP coverage. These expenses are paid by your own insurance company, regardless of who was at-fault for the accident.

Your PIP coverage may pay for your:

  • Deductibles for your health insurance
  • Medical expenses that exceed the limits of your health insurance policy
  • Necessary services that you can no longer complete due to your disability
  • Funeral expenses if the accident caused death

There are certain situations, such as if you suffered significant injuries or your medical expenses exceed certain limits, when you may be able to file a third-party claim for the medical expenses stemming from your accident.

Information to Provide to Your Insurance Company

You will need to provide information to your insurance company to process your claim. This information may include:

  • Proof of loss – You may need to describe the accident in detail, including the date of the loss, how the accident occurred, the name of the person driving and any other relevant information.
  • Documents that evidence your damages – Your insurance company may also ask for documents related to your claim and your damages, such as repair shop bills, estimates to repair the damage to your vehicle, a copy of the accident report, the bill of sale for your vehicle or medical bills.

In some situations, your insurance company may require you submit to an examination under oath and require you to produce documents. You have the right to be represented by an attorney at this examination.

Contact the Lynch Law Firm Today

We provide our legal services at no upfront cost to you and only get paid if we help you successfully recover compensation for your claim. We can discuss your legal rights and options during a free consultation.

Call (800) 518-0508 to schedule a meeting with the experienced car accident lawyer or fill out a Free Case Evaluation form and someone will contact you shortly.

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