How to Handle Personal Injury Claims Involving Taxi Accidents in New Jersey
Dealing with personal injury claims resulting from taxi accidents in New Jersey can be complex and daunting. Understanding the steps involved can help you navigate the process more smoothly and ensure that you receive the compensation you deserve.
1. Ensure Safety and Seek Medical Attention
If you are involved in a taxi accident, your immediate priority should be safety. Ensure that you and anyone else involved are safe and call 911 if necessary. Afterward, seek medical attention, even if you feel fine. Some injuries may not be immediately apparent, and a medical professional can identify and document any injuries.
2. Gather Evidence at the Scene
- Taking photographs of the accident site, the vehicles involved, and any visible injuries.
- Obtaining contact information from witnesses.
- Recording the taxi driver’s details, including their license number and the taxi company’s information.
- Noting the time, date, and weather conditions.
3. Report the Accident
Report the accident to the police. A police report can be crucial when filing a personal injury claim. Make sure to obtain a copy of the report for your records, as it will contain important details about the accident.
4. Notify Your Insurance Company
Notify your insurance company about the accident, even if the taxi driver is at fault. In New Jersey, the law requires that you have insurance coverage, and your policy might include personal injury protection (PIP) that can cover your medical expenses.
5. File a Personal Injury Claim
Once you have gathered all necessary documentation and evidence, you can begin the process of filing a personal injury claim. This can be done against the taxi driver or the taxi company. Ensure that you respect the statute of limitations, which in New Jersey is typically two years from the date of the accident.
6. Understand Comparative Negligence
New Jersey follows a comparative negligence rule, meaning that if you are partially at fault for the accident, your compensation may be reduced by your percentage of blame. For instance, if a jury finds you 20% at fault and awards you $100,000, you will receive $80,000 instead.
7. Hire an Experienced Personal Injury Attorney
Engaging an experienced personal injury attorney is essential, especially when dealing with taxi companies and their insurance providers. An attorney can guide you through the legal intricacies of your case, help you gather evidence, negotiate settlements, and represent you in court if necessary.
8. Keep Detailed Records
Maintain a detailed record of all your medical treatments, expenses, and any communication related to the accident. This documentation will be vital in substantiating your claim and determining the extent of your damages.
9. Be Cautious with Insurance Adjusters
After the accident, you may be contacted by insurance adjusters. Exercise caution in your discussions with them. They may attempt to minimize your claim or may ask you to provide recorded statements that could be used against you later. It is usually best to consult with your attorney before speaking to them.
10. Consider All Damages
When calculating damages, consider both economic and non-economic damages. Economic damages include medical expenses, lost wages, and property damage. Non-economic damages might include pain and suffering or loss of enjoyment of life. An attorney can help assess the full scope of your damages and ensure that you seek adequate compensation.
Conclusion
Handling personal injury claims involving taxi accidents in New Jersey requires awareness of the legal processes, thorough documentation, and often the guidance of a professional. By taking the right steps immediately following the accident and throughout the claims process, you increase your chances of obtaining fair compensation for your injuries.