Compensation Claims After a Rental Car Accident in NJ

If the driver of a rental car gets into an accident, determining the liability of parties and one’s eligibility for personal injury financial compensation is important.

Compensation Claims After a Rental Car Accident in NJIf you have been in an auto accident with a rental car in New Jersey or Pennsylvania, you may be nervous about what comes next. Whether you rented a car while your own automobile is being repaired, for a business trip or a quick get-away, if you and your rental car were involved in an automotive accident, Kamensky Cohen & Riechelson can help you. Our experienced accident attorneys are licensed to practice in both Pennsylvania and New Jersey and facilitate insurance claims between our clients and the companies whose vehicles they were driving when the auto accident occurred.

If you or someone close to you has suffered a rental car accident injury, contact us online or by telephone at (609) 528-2596 to arrange a consultation with an experienced rental car accident lawyer who will protect your legal rights, minimize your losses, help recover loss wages, and maximize the financial compensation for your damaged property and personal injury claims.

Rental car accidents in company vehicles: Who is responsible?

If the driver of a rental car gets into an accident, determining the liability of parties and one’s eligibility for personal injury financial compensation is important. Due to the complex nature of road and traffic accidents, one should consult an experienced attorney without delay.

When a car accident causes severe physical trauma, spinal or brain injuries, or wrongful death, the at-fault party’s insurance company typically seeks to limit or deny compensation to the accident victim. The insurance company may send a team of investigators to the accident scene to hunt for evidence that limits its liability.

At Kamensky Cohen & Riechelson, our rental car accident attorneys are experienced in facilitating insurance claims between our clients across in Trenton office, Princeton, Lawrence, Hamilton, New Brunswick, and across Mercer County. Our use of early investigative teams and a thorough proactive strategy to accident investigations, often uncover evidence of negligence and counter the tactics of insurance companies. This direct approach is intentionally designed to ensure that our clients receive the full representation and financial compensation they are merited, so they can recover from the accident or serious injury and get back to work healthy and well.

9 Steps Which Can Increase Your Compensation Claim After a Rental Car Accident

  1. Stay at the scene – it is illegal to commit a hit-and-run and leave the scene of a car accident without first exchanging information with the other driver and contacting law enforcement
  2. Report the rental car accident to the police – NJ traffic laws require that motor vehicle accidents that resulted in injury or death or caused more than $500 in property damage by the “quickest means possible” to the nearest police department. If for some reason the police do not respond to take a report, it is your responsibility to file a written report with the police within ten days of the accident.
  3. Contact our Trenton NJ Rental Car Accident Lawyers for Immediate AssistanceDocument the accident and gather evidence – while you wait for the police, take video or photos of the damage, accident scene, and your injuries, and collect witness names and contact info. Do NOT admit fault or discuss the accident with the other driver or anyone else at the accident scene.
  4. Get medical attention in a timely manner – seeing a doctor or getting medical treatment as soon as possible after an accident is an essential part of the personal injury claims process. With an official diagnosis, you have proof that your injuries existed on that date and strengthen the connection between your injuries and the accident.
  5. Notify the car rental company – rental car agencies generally provide information within the rental contract regarding your obligation for reporting car accidents involving the rental car. If the accident was caused by a defective vehicle or poor vehicle maintenance, the rental car company may bear most of the liability for the accident.
  6. Inform your car insurance company that an accident occurred. Do NOT admit fault or liability.
  7. Do NOT any sign Insurance Liability Release or Medical Authorization Forms or provide statements to your insurance company or the car rental company before speaking with an accident attorney.
  8. Do NOT discuss or write about your accident on any social media platform.
  9. Contact an experienced rental car accident attorney who can help determine who is liable for the cause of the rental car accident, investigate the crash, and analyze the rental car contract and various insurance policies to determine liability for your damages and injuries.

You may be feeling overwhelmed at the notion of dealing with insurance companies, forms, deadlines, and trying to get proper medical treatment. Our personal injury accident attorneys can sort through the bureaucracy to help you obtain the financial compensation you deserve.

Contact our Trenton NJ Rental Car Accident Lawyers for Immediate Assistance

Hiring the right attorney can make all the difference in the world. If you or someone close to you was in a rental car accident and may have suffered a personal injury, the experienced attorneys at Kamensky Cohen & Riechelson are here to help you pursue compensation for your losses.

Contact us online or at (609) 528-2596 to arrange an initial consultationwith an experienced New Jersey and Pennsylvania injury attorney. One of our knowledgeable attorneys will be happy to answer your questions and advise you on the most effective legal options available in your case.

Auto accidents in company vehicles: Who is responsible?

Injured in a work-related car accident? Contact our Trenton, East Brunswick, Bensalem, or Philadelphia Offices to Collect Fair Compensation for Your Medical Expenses

Auto accidents in company vehicles: Who is responsible?If you have been in a car accident and you were driving a company vehicle or driving for work, you may wonder if your employer is responsible for compensating you for damages or injury. While most accidents occur on personal time and involve only you and the other involved driver, an accident that involves work-related transportation complicates matters. Read on to learn more about whose responsibility it is to cover expenses in the case of a work-related car accident, so you can be sure you receive the treatment and full compensation you deserve.

Injured Traveling to and from the job

If you are traveling to or from work and are involved in an auto accident, the generally held precedent is that your personal insurance must cover expenses and damages. This only applies if you are at fault for causing the accident; if another driver is at fault, their insurance is responsible for covering all damages and medical expenses. If this is the case, it is recommended that you hire a personal injury attorney to handle your claim and support you in receiving full recovery for your losses and out-of-pocket expenses during the recovery process. The one exception to this precedent is the case in which your automobile is required for your work, and as such, as soon as you begin the commute to work, you are on the job. If you were at fault for an accident on the way to or from work but your car is a required tool for your job, contact a member of our team today to learn who may be liable for covering accident expenses and options for your next steps.

Hurt Driving a Company Vehicle

If you were driving a company vehicle and were at fault for an accident, it is likely that the company’s insurance will cover all expenses, and your personal insurance will not be affected. If you are injured in the accident, it is imperative to keep records of all medical expenses paid out of pocket to submit to the company’s insurance for reimbursement.

Driving a company vehicleThere are a few exceptions to this. If you were driving the company car but you were driving for personal reasons, your company can denounce liability and claim your full responsibility in the case of an accident. A company can also denounce liability if you were partaking in illegal activity in the car or an illicit activity such as consuming alcohol before getting behind the wheel of their company property. If your company claims nonliability for an accident while you were driving their vehicle and you can claim that the company was negligent in properly maintaining the car, this is very serious and you may be able to recover damages. For this type of claim, you will definitely want the support of an accident lawyer.

Again, if you are in an accident with someone else who is driving their company’s car and are not at fault for the accident, you need not worry. Focus on recovering in body and mind after filing a claim with your personal insurance company, keep close records of any immediate out-of-pocket expenses incurred, and seek the support of a personal injury attorney. You can expect to recover all the damages and expenses caused by the accident.

Injured in an Accident Using your Personal Vehicle for Work

If you are at fault for an accident while driving your own vehicle, but your business driving was directly related to work, your company may be liable to cover damages. As noted above, this generally does not apply to the commute to and from work; however, running errands for work at the direct request of your company could mean company liability for any accident that takes place during that time.

If you have been involved in an automobile accident, your safety and health are first priority. Seek medical attention immediately if you are injured in a collision, even if the pain isn’t immediately evident. Because of the stress response of the body to a trigger such as a collision, it may be hours or even days before cortisol and other stress hormones lower, inflammation subsides, and your body is able to show you where it may have been thrown out of alignment. Contact a personal injury or accident lawyer to support you in the process of recovering the full extent of damages you deserve for the accident.

Contact a Mercer County Commercial Car Accident Injury Attorney to ensure a fair outcome in your case

At Kamensky Cohen & Riechelson, our accident attorneys are experienced in facilitating insurance claims between our clients across in Trenton office, Princeton, Lawrence, Hamilton, New Brunswick and across Mercer County. and the companies whose vehicles they were driving when the auto accident occurred.

Our direct approach is intentionally designed to ensure that our clients receive the full representation and financial compensation they are merited, so they can recover from the accident and get back to work healthy and well.

To meet with an experienced member of our firm today regarding your accident, please call (609) 528-2596 or go online to schedule a free, no-risk consultation with a personal injury lawyer.

I was in an automobile accident, and the police didn’t respond to the call. How do I file a police report?

Auto Accident  Attorneys Helping clients across Mercer and Middlesex County NJ

I was in an automobile accident, and the police didn’t respond to the call. How do I file a police report?In 2017, there were over 270,000 car accidents in New Jersey, according to the New Jersey Department of Transportation. Essex County led the count in reported car accidents with 29,635 in 2017, followed closely by Bergen County with 28,903 reported accidents and Middlesex Country with 27,137 reported.

Car accidents are major stressors to all parties involved, both physically and emotionally. The American Academy of Family Physicians lists such post-traumatic effects of traffic accidents as shock, anger, fear, anxiety, nightmares, and irritability.

After a car accident, one expects that the stressors will be over, and the order will ensue. Unfortunately, that’s not always the case. More often than would be desired, the process of filing a police report can instigate additional stress, as authorities sometimes fail to arrive at the scene of the accident to complete the report, or they fail to even respond to the call.

Why did the authorities not arrive at the accident after I called it in?

Filing a police report is an imperative procedure when you have been in a car accident, no matter how minor or major the accident was. That said, even when one tries to file a report, there are instances in which police do not respond. Following are some of the main reasons authorities may not appear to the scene of the accident to complete a report upon its being called in:

  • Insufficient officers on duty or officers are responding to a more urgent incident
  • Minor accidents with little to no damage
  • Minor accidents with no injuries
  • Weather conditions prevent authorities from arriving

How do I ensure that a police report for the accident is filed in the absence of authorities?

How do I ensure that a police report for the accident is filed in the absence of authorities?

In the case that, upon calling to report an accident, authorities do not respond and arrive at the scene, there are some steps you can take to ensure that a police report is filed in their absence.

  • Call again the police dispatch, and request the procedure for filing a police report on your own.
  • Search your local police department’s online database to research the possibility of filing an online police report. The New Jersey Department of Transportation has a Self-Reporting Crash Form (SR-1) that can be used to report an accident that was not investigated by police
  • Physically go to the police station to file the report in person.

What do I need to ensure is included in a police report?

The National Safety Council reported in a recent study of all 50 U.S. states and Washington, D.C., that crucial information is often left out of police reports that adversely impact efforts to save lives, as well as, perhaps, the outcomes of injury claims.

According to the study, New Jersey police reports lack information in the police reporting systems on drugs other than alcohol involved in the accidents, whether the accident was work-related, and advanced driver assistance programs involved.  As such, it is imperative that you include as much information you think would be informative to an insurance claim as possible.

Again, while a police report will not always be used, it is imperative to file one. Sometimes, because of the adrenaline and chaos of an accident, one will not feel or know they have sustained injuries. Later, upon recognizing that your body has sustained injuries and you file a personal injury claim with your insurance carrier, it will be essential to have a police report available, as it is the primary collection of evidence an insurance carrier and personal injury lawyer will use to seek compensation for injuries sustained in the accident.

Contact a Car Accident Attorney to ensure an upright outcome in your case

If you have been involved in a car accident in which the authorities did not come to the accident scene to complete a police report, file one yourself. Then contact Kamensky Cohen & Riechelson to consult with an experienced member of our team regarding the next steps in your personal injury claim to ensure that you receive fair compensation for physical and emotional injuries sustained in the accident. We serve in Trenton office, Princeton, Lawrence, Hamilton, New Brunswick, and across Mercer County.

To connect with our firm today in a confidential and comprehensive assessment of your case call us at (609) 528-2596 or go online to schedule a free, no-risk consultation with a personal injury lawyer.

How does the litigation process work?

Personal Injury Attorneys Litigating for clients in Princeton, Ewing, Hamilton, Pennington, East Brunswick and across Mercer  and Middlesex County, NJ

The term litigation refers to the process of a lawsuit.  In personal injury cases, people contemplating a lawsuit often ask how the litigation process works.  Litigation involves filing a complaint, obtaining and exchanging discovery, and eventually ends in a trial.

Gathering information about your potential suit

How does the litigation process work?

Initially, when you are injured, medical treatment is sought and you follow the doctor’s recommended plan of care.  At some point thereafter, you may begin to think about who was at fault in causing your injuries and, as a result, you seek the advice of an attorney.

The attorney you choose to have an initial consultation with should have experience in personal injury matters.  KCR has extensive experience in personal injury cases and will guide you through the appointment.  We ask questions and gather information.  For example, if you have been in a car accident, we request that you bring the police/accident report, medical records, and car insurance information and findings.  Additionally, we inquire about your lifestyle, work, disabilities, wages, and overall social-emotional health.

At the end of the appointment, you may be left with the decision to file suit against the responsible person to collect any damages sustained as a result of his or her negligence.

Filing a lawsuit

Filing a lawsuit is something that our office does on your behalf.  You, as the injured party seeking recovery, are known as the Plaintiff.  The plaintiff files the complaint against the person he believes is responsible (referred to as the Defendant).  The complaint sets forth the facts that lead to the injury and how the Defendant is alleged to be responsible for the injuries.  More importantly, the complaint requests damages for your losses.

Discovery Process and Interrogatories

The complaint is then served on the Defendant.  The attorney representing the Defendant files an answer to the complaint, denies the allegations and can file a cross-complaint as well.   After the complaints and answers are filed with the court, a discovery schedule is set forth.  The discovery period allows both parties to request and gather more information pertaining to the case.

MediationDiscovery is generally anything, whether written or oral, that pertains to the case.  For instance, attorneys will request answers to interrogatories and ask that supporting documentation be provided.  The interrogatories are a series of questions relating to insurance, the injuries, medical records, financial losses, treatment, and the accident.  Additionally, the attorneys will schedule depositions during which they can ask questions of any person they subpoena.  After all of the information is exchanged, and all motions are litigated, the parties may negotiate with or without mediation or, schedule a trial for a future date.

Mediation

Often, before a trial takes place, the parties agree to go to mediation or arbitration. A mediator is a neutral party that attempts to resolve the dispute between the Plaintiff and the Defendant.  Often, a settlement can be reached during mediation and the case does not go to trial.  Settling means that you agree to forego a trial and accept the payment offered by the Defendant and his insurance company.  While a large majority of cases settle, there are some cases that must be fully litigated and end in a trial.

Trial

If the case does not settle, a trial will be conducted in which jurors make the determination as to who is at fault and what damages may be due.  During the trial, your attorney will present witnesses, cross-examine defense witnesses, and attempt to prove that the defendant is responsible for your injuries.  Moreover, the attorney will put forth information and proof as to your actual damages and request for financial recovery.  If successful, the jury will award damages payable to you.  Of course, prior to a trial, you will choose the attorney that is right for you.

Retaining an Attorney

Contact a Personal Injury attorney at KCRMost personal injury attorneys are paid for by contingency.  This means that they recoup their fees based upon a percentage of your award.  For example, if your attorney provides a retainer agreement that says that his fee is 33%, he will deduct that amount from your overall award.  Essentially, with our firm, you have nothing to lose by scheduling a consultation as it costs nothing.  On the other hand, doing nothing and ignoring your injuries can cost you a lot. You can protect yourself by scheduling an appointment with us today.

Contact a Personal Injury attorney at KCR to help walk you through the intricacies of the litigation process

The Law Office of Kamensky, Cohen & Riechelson has proven experience handling all issues related to litigation processes.

You can fill out the online contact form to schedule a meeting at our offices in Trenton or East Brunswick, New Jersey or contact our Mercer or Middlesex County offices today at (215) 337-4915 to learn more about how our experienced Personal Injury team can assist you.

What if I am Partially at Fault in an Accident?

Our attorneys have the skill and experience to assist in recovery even if you are somewhat at fault in Hamilton Township, Trenton, Ewing and across Mercer and Middlesex County

What if I am Partially at Fault in an Accident?In many cases involving personal injuries, each party involved bears some responsibility.  People often think that they cannot recover if they are partially at fault. This is incorrect as you may be entitled to recover even if you are partially responsible for causing the accident.  

What makes a person legally responsible for an accident?

In most circumstances, a person can be deemed liable for injuries that resulted due to their negligent or reckless conduct that caused the accident.   For the most part, your attorney must establish that the responsible party did something, or failed to do something that a reasonable person would have done.  For example, if you are driving on a public road at the posted speed limit and you are t-boned by an oncoming truck because he failed to stop at a stop sign, the other driver is the negligent party.  

Most juries or insurance companies would find the driver of the truck to be negligent because he failed to do that which was required and what a reasonable person would do, which is to stop at the stop sign.  His negligence is established by the accident report, witness statements, and damage to your vehicle. More importantly, it is clear that the accident would not have occurred had he adhered to the motor vehicle code and stopped at the stop sign.  

However, what if you are partially to blame for the accident because you were speeding (going twice the limit) and did not yield or slow down at the intersection? It is possible that the other driver will establish that you are partially at fault in the accident, but it is unlikely that you will be barred from recovery. 

Can I recover if I am at fault?

Can I recover if I am at fault?As noted above, even if you are partially responsible for the accident, you can still seek recovery. Your responsibility is reviewed under a theory known as comparative negligence or fault.  In the example above, you may bear some responsibility in the accident, but it remains clear that the other driver is mostly at fault because he blew through the stop sign and t-boned you. The actual damage and location of the damage to the car proves that you were already in the intersection when hit.  Had the driver heeded the road sign and stopped, he would not have hit you. This means that he is mostly at fault. 

In order for you to be prevented from recovery, the other party would have to prove that you are mostly at fault.   In essence, the other driver must prove that you were 51% at fault in causing the accident and he is therefore not legally responsible for your injuries.  

Fundamentally, you are entitled to recover if the other person is 51% or more at fault.  This is not to say that you are without limitation in terms of recovery if you are partially responsible.  Your financial award will likely be reduced by the percentage of fault attributed to you. For instance, if the total compensation awarded is $100,000 and you are deemed 25% responsible, the award you receive will be reduced to $75,000 to reflect your percentage of fault.  

How can an attorney help me?

Experienced attorneys know what to look for and how to prove or disprove fault.  We have seen countless accidents that appear at first glance to be clear and limit recovery. Despite the general consensus of the case by all parties involved, we continue to investigate and uncover evidence establishing the other party’s responsibility in the action.  We fiercely protect your rights and advocate on your behalf whether through negotiation or trial. We leave no stone unturned in challenging responsibility and establishing negligence. Contact our office today to schedule an appointment.  

Contact our East Brunswick and Trenton Motor Vehicle Accident Injury Attorneys Today

At The Law Office of Kamensky, Cohen & Riechelson, our staff of attorneys has experience in exploring options in a no-fault and comparative negligence law to ensure that drivers across Hamilton Township, Trenton, Ewing and across Mercer County receive their fair share of recoveries after an automobile accident that was not their fault.

To speak with our firm today and conduct a thorough case assessment regarding your auto accident and injury, please call us at (609) 528-2596 or fill out our online form today.