Compare(0) firms picked
Guide · Hiring a lawyer · All states

Do I need a lawyer after a car accident?

Updated By the Counselworthy teamGeneral information, not legal advice

Short answer

Not always.

  • Claims for car damage only, or for minor injuries that heal, often stay simple.
  • A consultation tends to help when an injury may be permanent, bills pass what insurance pays, the insurer blames you, or a town or state agency is involved.
  • In New Jersey, a court rule caps injury lawyers' fees.

Checked October 14, 2026.

Sources: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b); N.J.S.A. 39:6A-12; N.J.S.A. 39:6A-2(k); N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2; N.J.S.A. 59:8-8; N.J.S.A. 59:8-9; R. 1:21-7(c), (d). Every fact cites a source

Illustration: a quiet road splitting in two at dusk
Checker

Which sounds like your situation?

Pick the closest one. It shows what the claim usually involves and the New Jersey rule behind it. It can't tell you what your claim is worth or what to do in yours.

Only my car was damagedOften stays simple
What it is
A property damage claim with the other driver's insurer.
Why it matters
With no injury, the claim is about repairing or replacing the car.
The rule
The other driver's insurer must pay or explain a property damage claim within 45 days, unless a clear justification exists.
What you can do now

Ask the adjuster to put the estimate and any offer in writing.

Source: N.J.A.C. 11:2-17.6(b), (e); N.J.A.C. 11:2-17.7(a), (b), (c)(2), (c)(3), (e), (f)
I was hurt, and I'm getting betterOften stays simple
What it is
Your own PIP claim, and maybe a claim against the other driver.
Why it matters
With the lawsuit limit, pain and suffering is available only for the injuries the law lists.
The rule
PIP pays medical bills without regard to fault. A payment is overdue 60 days after the insurer gets written notice of the loss and its amount.
What you can do now

Keep every bill, and send copies to your insurer in writing.

Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-4.3; N.J.S.A. 39:6A-5(g); N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)
A doctor says it may be permanentWorth a consultation
What it is
An injury that may pass the lawsuit limit.
Why it matters
Whether an injury passes the limit decides most pain and suffering claims.
The rule
The listed injuries include displaced fractures and a permanent injury. A doctor's certification must rest on objective clinical evidence.
What you can do now

Ask for copies of your records and test results as you go.

Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)
My bills are more than PIP paysWorth a consultation
What it is
Medical bills above your PIP limits.
Why it matters
They can be part of a claim against the person at fault.
The rule
The PIP law doesn't limit recovering medical bills your PIP limits don't cover from the person at fault. A person who wins medical bills only also gets reasonable attorneys' fees for collecting them.
What you can do now

Ask your insurer for a written statement of what PIP has paid.

Source: N.J.S.A. 39:6A-12; N.J.S.A. 39:6A-2(k)
The insurer says it was my faultWorth a consultation
What it is
A dispute over who caused the crash, and by how much.
Why it matters
Your share of the fault cuts what you can recover.
The rule
In New Jersey, you recover nothing if you were more than 50% at fault, and less the more you were at fault.
What you can do now

Ask the insurer to explain its fault decision in writing.

Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2
They made me an offerWorth a consultation
What it is
A settlement offer from the other driver's insurer.
Why it matters
An offer made now can't account for care you still need.
The rule
A New Jersey insurer must pay a settlement within 10 working days after it receives the agreement, or after you meet its conditions, whichever is later.
What you can do now

Ask for the offer and anything you'd sign in writing before you answer.

Source: N.J.A.C. 11:2-17.6(b), (e); N.J.A.C. 11:2-17.7(a), (b), (c)(2), (c)(3), (e), (f)
A town or State vehicle was involvedAsk a lawyer soon
What it is
A claim against a public entity.
Why it matters
Its notice deadline is far shorter than the usual deadline to sue.
The rule
Written notice of the claim is due within 90 days after it arises.
What you can do now

Write down the agency, the vehicle or place, and the date now.

Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

NJWhen people often handle it alone

Not every crash needs a lawyer. Under New Jersey's rules, these claims tend to stay simple.

  1. Car damage, and no one was hurtThe other driver's insurer must pay or explain a property damage claim within 45 days, unless a clear justification exists.Source: N.J.A.C. 11:2-17.6(b), (e); N.J.A.C. 11:2-17.7(a), (b), (c)(2), (c)(3), (e), (f)
  2. Your own PIP is paying your medical billsPIP pays without regard to who caused the crash. A payment is overdue 60 days after the insurer gets written notice of the loss and its amount.Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-4.3; N.J.S.A. 39:6A-5(g)
  3. A minor injury that healedUnless the driver chose otherwise in writing, a standard policy limits pain and suffering claims to the injuries the law lists, like a displaced fracture or a permanent injury.Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)

NJWhen a consultation tends to help

These are the situations where New Jersey's rules get harder to handle alone.

  1. The injury may be permanent, or a bone was displacedWith the lawsuit limit, a pain and suffering claim needs one of the listed injuries. A doctor's certification must rest on objective clinical evidence.Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)
  2. Your bills are more than your PIP paysMedical bills your PIP limits don't cover can be recovered from the person at fault. Win medical bills only, and reasonable attorneys' fees for collecting them come with it.Source: N.J.S.A. 39:6A-12; N.J.S.A. 39:6A-2(k)
  3. The insurer says you caused itYou recover nothing if you were more than 50% at fault, and less the more you were at fault.Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2
  4. An offer came before your treatment endedIt can't account for care you still need.
  5. The other driver's coverage looks smallThe minimum is $35,000 per person for injuries, on policies issued or renewed from January 1, 2026. Basic policies are an exception.Source: P.L.2022, c.87 (N.J.S.A. 39:6A-3); N.J.S.A. 39:6A-3.1
  6. A town, a county or a State agency is involvedWritten notice of the claim is due within 90 days after it arises.Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
  7. A child was hurtA judge must find a child's settlement fair and reasonable. Settled before a jury is seated, the lawyer's fee is capped at 25%.Source: R. 4:44-3; R. 1:21-7(c)(6)
  8. Someone diedA wrongful death lawsuit must be filed within 2 years after the death.Source: N.J.S.A. 2A:31-3
  9. Your deadline is getting closeAn injury lawsuit generally must be filed within 2 years.Source: N.J.S.A. 2A:14-2(a)

NJThe other driver's coverage

An insurer pays a claim up to the policy's limit. So the other driver's limit, and your own underinsured coverage, set how much insurance there is to pay an injury claim.

  1. Their policy's minimumA standard New Jersey policy must cover at least $35,000 per person and $70,000 per crash for injuries, on policies issued or renewed from January 1, 2026. Basic policies are an exception. A driver can carry more.Source: P.L.2022, c.87 (N.J.S.A. 39:6A-3); N.J.S.A. 39:6A-3.1
  2. Your underinsured coverage can add to itEvery New Jersey auto liability policy except a basic one must include underinsured motorist coverage, at least $35,000 per person. It applies only when the at-fault driver's limits are lower than your own underinsured limits, and it's reduced by what you recover from their insurance.Source: N.J.S.A. 17:28-1.1(a), (b), (e)
  3. What comes out before you're paidA lawyer's fee and case costs come out of what's paid, and so can medical liens and bills you still owe. The take-home calculator shows what's left from an amount you enter.

What would you take home?

Estimate what a client keeps from a settlement after New Jersey's capped contingency fee and case costs.

Open the take-home calculator
Settlement
$25,000
Case costs
−$1,500
Max fee, 33⅓% of $23,500
−$7,833
Estimated take-home
$15,667

Estimate only, before medical liens and unpaid bills. Fee cap from New Jersey Court Rule 1:21-7. Firms may charge less.

Source: P.L.2022, c.87 (N.J.S.A. 39:6A-3); N.J.S.A. 39:6A-3.1; N.J.S.A. 17:28-1.1(a), (b), (e)

NJWhat a lawyer costs

In New Jersey, a contingent fee in an injury case is capped at 33⅓% of the first $750,000 recovered, and the cap steps down above that. The fee is figured on what's left after case costs come out.

Source: R. 1:21-7(c), (d)

Do people with a lawyer end up with more?

A July 2026 study by the Insurance Research Council, of more than 7.4 million claims closed from mid-2017 to mid-2022, found people with a lawyer waited a median of nearly 440 days to close. Per dollar of medical bills, they kept $1.40 after medical costs and legal fees, versus $1.80 without one.

The Insurance Research Council is supported by insurers, and an average can't tell you how your claim would go. A consultation is where a lawyer looks at your facts. You decide after.

Source: Insurance Research Council, Auto Injury Insurance Claims: A Study of Increasing Claim Severity (July 2026)

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

What to do next

Questions people ask

Do I need a lawyer after a car accident?

Not always. Claims for car damage only, or for minor injuries that heal, often stay simple. A consultation tends to help when an injury may be permanent, bills are large, the insurer blames you, or a government agency is involved.

Do I need a lawyer for a minor car accident in New Jersey?

Not always. With no injury, it's a property damage claim, which the other driver's insurer must pay or explain within 45 days. With the lawsuit limit, pain and suffering is available only for the injuries the law lists.

When should I get a lawyer after a car accident in New Jersey?

Many people talk to one when an injury may be permanent, bills pass their PIP limit, the insurer blames them, or a public entity is involved. A claim against a town or the State needs written notice within 90 days.

Is a car accident lawyer worth it?

It depends on the claim. In an insurer-supported study of more than 7.4 million claims, people with a lawyer kept $1.40 per dollar of medical bills after fees, versus $1.80 without. An average can't tell you how yours would go.

How much does a car accident lawyer cost in New Jersey?

In an injury case, a court rule caps a contingent fee at 33⅓% of the first $750,000 recovered, figured after case costs. The cap steps down on larger recoveries.

Can I get my medical bills paid if they're more than my PIP coverage?

New Jersey's PIP law doesn't limit recovering medical bills your PIP limits don't cover from the person at fault, including deductibles and copayments through a driver's secondary insurance coverage. A person who wins medical bills only also gets reasonable attorneys' fees for collecting them.

More on hiring a lawyer

Next stepsA guide, not a lawyer