Our Family Has Given A Voice To The Injured For Over 50 Combined Years
Newark Car Accident Lawyer
New Jersey car insurance operates on rules that surprise most drivers the first time they are hurt in a crash. Personal Injury Protection (PIP) pays first regardless of fault, Standard Policy holders generally choose between two lawsuit options, and some Newark drivers carry the minimum-tier Basic Policy without realizing what it limits.
A Newark car accident lawyer at Goldstein & Goldstein, LLP helps injured drivers, passengers, and pedestrians work through those layers to build a claim that reflects the actual injury and loss.
Our firm has represented injured New Jersey residents from East Orange since 1997, serving Newark and the rest of Essex County. Reach us through the online contact form for a no-cost review of what happened.
Why New Jersey Auto Claims Are Different, and How We Handle Them
New Jersey auto claims require attention to details that plaintiffs in most other states never face. The interaction between PIP and health insurance, tort option elections made at policy renewal, and the frequency with which at-fault drivers carry the minimum-coverage basic policy all shape how a Newark car accident case gets built.
The Firm Behind the Practice
Goldstein & Goldstein, LLP is a family-owned personal injury firm founded in 1997, and auto crash cases have been core to our practice from the start.
Father-and-son partners Richard Goldstein and Michael J. Goldstein anchor a four-attorney team with more than 50 combined years of trial and litigation experience.
Trial Credentials That Shape Negotiation Posture
Michael J. Goldstein is a New Jersey Supreme Court Certified Civil Trial Attorney, a designation that reflects trial experience, peer review, and a written examination administered by the state’s Board on Attorney Certification.
Auto insurers negotiate differently with firms that maintain a credible trial posture, which is how our office approaches every case from intake forward.
Our practice accepts auto injury claims on contingency, and intake is available in English, Spanish, and Haitian Creole.
How Does New Jersey PIP Work After a Newark Car Crash?
Personal Injury Protection (PIP) is the no-fault coverage that pays for medical treatment after a New Jersey car accident, regardless of who caused the crash.
PIP covers the named insured, resident family members, and passengers hurt in the covered vehicle. Recovery from PIP does not require proving fault, and the coverage applies at the outset of treatment.
What PIP Covers
PIP under a standard New Jersey auto policy handles several categories of medical expense, including:
- Emergency room and hospital care immediately after the crash
- Follow-up appointments with primary care physicians, orthopedists, and specialists
- Imaging such as X-rays, MRIs, and CT scans
- Physical therapy, chiropractic care, and rehabilitation services
- Prescription medications tied to the accident
The Coverage Choice People Forget They Made
PIP is subject to a deductible, a copayment, and a decision point clients often overlook: whether the policy designates PIP or health insurance as the primary payer. Coordination between the auto policy and health insurance affects which bills PIP pays and in what order.
What Is the Verbal Threshold in New Jersey Car Accident Cases?
The verbal threshold is a New Jersey tort option that limits when an injured driver may sue for non-economic damages such as pain and suffering.
Drivers who selected the limited tort option, technically called the “limitation on lawsuit” option, may sue only if their injuries meet one of six statutory categories defined at N.J.S.A. 39:6A-8.
Under a New Jersey Standard Policy, the policyholder generally chooses between the limitation on lawsuit and no limitation on lawsuit options. A Basic Policy includes the limitation on lawsuit option rather than offering the same choice.
| Tort Option | What It Means for a Later Claim |
|---|---|
| Limitation on lawsuit (verbal threshold) | Lower premium; suit for non-economic damages requires injury meeting one of six statutory categories such as displaced fracture, permanent injury, or significant scarring |
| No limitation on lawsuit (full tort) | Higher premium; suit for non-economic damages permitted without meeting the statutory threshold |
Passengers, pedestrians, and cyclists injured in a Newark crash are analyzed under different rules that depend on whether they are covered under a New Jersey auto policy of their own.
Rideshare passengers face a separate analysis because standard PIP often does not apply during a commercial trip.
What Kinds of Newark Car Accident Cases Do We Handle?
Our Newark car accident practice covers auto injury claims arising from most crash types on Essex County roads. Certain patterns come up frequently on Route 21 (McCarter Highway), Route 22, I-78, I-280, and dense commuter corridors like Broad Street and Springfield Avenue.
Distracted Driving Crashes
Distracted driving crashes are one of the most frequent case types in our Newark auto injury docket. New Jersey prohibits hand-held cell phone use while driving under N.J.S.A. 39:4-97.3, and evidence of a violation may support a negligence claim.
Cell phone records, in-app time stamps, and dashcam footage from other vehicles often become the central proof.
Hit-and-Run Crashes
Hit-and-run crashes require a different insurance strategy than standard auto claims, because there is no at-fault driver’s policy to pursue.
Uninsured motorist (UM) coverage under the injured person’s own auto policy typically responds, subject to the tort option election and the UM limits selected at policy purchase. Prompt reporting to law enforcement is a factual predicate for many UM claims.
Other Case Types We Handle
Beyond distracted and hit-and-run crashes, our firm accepts auto injury claims involving:
- Rear-end and intersection collisions caused by failure to yield or run red lights
- Rideshare passenger injuries under Uber or Lyft trip coverage
- Truck crashes, tractor-trailer, and delivery vehicle crashes
- Motorcycle injuries, bicycle, and pedestrian injuries
- Uninsured and underinsured motorist claims where at-fault coverage is insufficient
- Wrongful-death claims arising from fatal Newark auto crashes
Each crash type raises different insurance and evidence questions, and our intake conversation walks through which of those apply to your situation.
Who Pays When the At-Fault Driver Has Only Basic Coverage?
Uninsured motorist (UM) and underinsured motorist (UIM) coverage under your own auto policy pays when the at-fault driver has no coverage or coverage insufficient to pay your damages.
Many Newark drivers carry New Jersey’s basic policy, which offers reduced liability coverage and may include no bodily injury liability at all. UM and UIM coverage is therefore a routine part of Newark auto injury claims.
The First Move: Read the Declarations Pages
UM and UIM benefits are subject to the tort option election on the injured person’s own policy, along with the limits the policyholder purchased. Reviewing declarations pages is one of the first steps in an auto injury intake at our office.
Third-Party Sources Beyond the Driver’s Policy
Third-party sources of recovery may also apply in some cases, including:
- Employer liability if the at-fault driver was working at the time of the crash
- Dram shop liability against a bar or restaurant that overserved a driver later involved in the crash
- Product liability against a vehicle or component manufacturer if a defect contributed to the crash
The layered insurance picture is why New Jersey auto claims often take longer than a straightforward liability case in another state. Identifying every source of coverage protects the value of the claim.
Can You Still Recover If You Were Partly at Fault?
Yes, you may still recover damages in a New Jersey car accident case if you were partly at fault, as long as your share of responsibility does not exceed 50 percent. New Jersey follows a modified comparative negligence rule under N.J.S.A. 2A:15-5.1, and any recovery is reduced by the injured person’s percentage of fault.
Why Adjusters Argue Fault Percentages So Hard
Comparative fault is one of the most active areas of dispute in NJ auto claims. Insurers often argue for a higher percentage of shared fault than the evidence supports, because every percentage point directly reduces what they pay.
Contesting that framing with police reports, witness statements, and physical evidence is a routine part of the negotiation.
How Long Do You Have to File a Car Accident Claim in Newark?
New Jersey generally gives injured people two years from the date of the crash to file a personal injury lawsuit under N.J.S.A. 2A:14-2. Missing that window ends most cases regardless of the strength of the underlying facts.
Public-Entity Claims Move on a Faster Clock
Claims against a public entity such as a New Jersey Transit bus or a municipal vehicle trigger the New Jersey Tort Claims Act, which generally requires a notice of claim within 90 days after the claim accrues. Late notice may be permitted by court order in limited circumstances.
Why Two Years Compresses Faster Than It Sounds
Two years feels long until the case timeline is mapped out. Medical treatment through maximum improvement, PIP arbitration if benefits are disputed, and pre-suit negotiation often take many months before a lawsuit is filed. Retaining counsel early in the process preserves the widest range of options.
FAQs for Newark Car Accident Lawyer
Do I need to report the crash to my own insurance if the other driver was at fault?
Yes, an injured driver generally needs to report a Newark car crash to their own insurance company even when the other driver was clearly at fault. PIP is paid through the injured person’s own policy, and prompt notice is typically a condition of coverage. Recorded statements to any insurer, however, may complicate later negotiations.
What if the other driver’s insurance offered me money the same week?
Maybe, an early settlement offer from the other driver’s insurance company may be worth considering, but signing a release before treatment stabilizes is usually not a good idea. Early offers rarely account for imaging findings, future care, or lost income that surfaces later. A lawyer review before you accept costs nothing.
Can I still bring a claim if the crash happened in a parking lot?
Yes, a Newark car crash claim may proceed if the collision occurred in a private parking lot, though liability analysis often depends on right-of-way rules, surveillance video, and any signage present. Parking lot cases often involve shared fault, and comparative negligence analysis is central to valuation.
Does my immigration status affect my New Jersey car accident case?
No, immigration status does not bar recovery in a New Jersey car accident case. Injured people in New Jersey may pursue personal injury claims regardless of immigration status, and our firm handles intake in English, Spanish, and Haitian Creole to support communication throughout the case.
What if I did not go to the hospital the day of the crash?
A Newark car accident case may still move forward if you did not go to the hospital the day of the crash, though the delay complicates the claim. Insurance carriers often argue that a delay in treatment reflects a minor injury. Documented follow-up care and consistent treatment help address that argument.
Talk to a Newark Car Accident Lawyer Before the Insurance Company Calls Back
Richard Goldstein, Car Accident Attorney
Most Newark car crash callers to our office are already dealing with the adjuster. The other driver’s insurance has called, sometimes their own PIP carrier has called, and the questions being asked feel routine on the surface. Those calls are the moment that shapes the case.
What gets said in a recorded statement, what gets signed as a medical release, and what treatment gets authorized under PIP all set the terms of the negotiation to come.
Goldstein & Goldstein, LLP takes those calls off your plate. Since 1997, our father-and-son partnership has represented injured New Jersey residents from our East Orange office, handling auto claims across Newark, Irvington, East Orange, and the rest of Essex County.
Intake and consultations are available in English, Spanish, and Haitian Creole, and auto cases are accepted on contingency, meaning no fee unless we recover money.
Reach us through the online contact form to describe what happened and what the insurance company has already asked. The first conversation costs nothing and gives you a clear read on what to say to the adjuster, what to hold off on, and whether a formal representation makes sense.
Our East Orange Office
60 Evergreen Place
Suite 502
East Orange, NJ 07018
