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Guide · Car accidents · All states

Rear-ended? What to do next

Updated By the Counselworthy teamGeneral information, not legal or medical advice

Short answer

  • Neck sprains and strains are the injuries most often reported in U.S. auto insurance claims, and rear impacts typically cause them, says the Insurance Institute for Highway Safety.
  • In New Jersey, your own PIP pays your medical bills first, whoever caused the crash.
  • A jury is told that following too closely is negligence.

Checked October 21, 2026.

Sources: Insurance Institute for Highway Safety, IIHS launches new whiplash prevention test (January 27, 2026); N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-4.3; N.J.S.A. 39:6A-5(g); Model Civil Jury Charge 5.30D, Violation of Traffic Act (N.J.S.A. 39:4-89). Every fact cites a source

Health facts here come from MedlinePlus, not from a doctor who knows you. They aren't medical advice. If you're hurt, see a doctor. In an emergency, call 911.

Illustration: two cars stopped one behind the other at a red light on a wet waterfront street at dusk

Right after the crash

What New Jersey law asks of drivers at the scene, and when MedlinePlus says to call for help.

  1. Stop at the sceneIn New Jersey, a driver in a crash that hurts or kills someone must stop at the scene.Source: N.J.S.A. 39:4-129(a), (c); N.J.S.A. 39:4-130
  2. Get help for a serious neck injuryMedlinePlus says accidents can cause severe neck injuries. If you can't move your arm or hand, have someone call emergency services.Source: MedlinePlus Medical Encyclopedia, Neck pain
  3. Swap detailsIn New Jersey, drivers must give their name, address, license and registration.Source: N.J.S.A. 39:4-129(a), (c); N.J.S.A. 39:4-130
  4. Report it to policeIn New Jersey, right away if anyone is hurt, or for over $500 of damage to one person's property.Source: N.J.S.A. 39:4-129(a), (c); N.J.S.A. 39:4-130
  5. Get the crash reportPolice crash reports in New Jersey are public, and any New Jersey citizen may get a copy.Source: N.J.S.A. 39:4-131; New Jersey State Police and New Jersey Turnpike Authority, Crash Report Requests; New Jersey Turnpike Authority, Accident Report Request

Neck injuries from being hit from behind

The most reported injury in auto claims

Neck sprains and strains are the most frequently reported injuries in U.S. auto insurance claims, and rear impacts typically cause them.

Source: Insurance Institute for Highway Safety, IIHS launches new whiplash prevention test (January 27, 2026)
What whiplash is

A soft tissue injury to the neck, also called a neck sprain or strain.

Source: MedlinePlus, Neck Injuries and Disorders
When to contact a provider

If symptoms don't go away in 1 week with self-care, or you have numbness, tingling or weakness in your arm or hand.

Source: MedlinePlus Medical Encyclopedia, Neck pain

NJWho pays in New Jersey

NJYour medical bills: your own PIP first

Whoever caused the crash, up to $250,000 unless a lower amount was chosen 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)
NJLosses PIP doesn't cover

Medical bills past your PIP limits and lost income can be claimed from the person at fault.

Source: N.J.S.A. 39:6A-12; N.J.S.A. 39:6A-2(k)
NJYour car

You can claim under your own collision coverage even when you didn't cause the crash. Your insurer then seeks repayment from the other driver's insurer.

Source: New Jersey Department of Banking and Insurance, Auto Insurance New Jersey Buyer's Guide
NJPain and suffering: the lawsuit limit

Unless a driver chose otherwise in writing, their policy allows it only after certain injuries, 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)

NJWho's at fault in New Jersey

Fault depends on what happened. These are the rules a New Jersey jury works from.

NJFollowing too closely

A driver must not follow another vehicle more closely than is reasonable and prudent, given the speed of the vehicle ahead, the traffic and the road. A jury that finds a driver did is told it's negligence. Whether it happened, or had an adequate explanation, can still be for the jury.

Source: Model Civil Jury Charge 5.30D, Violation of Traffic Act (N.J.S.A. 39:4-89)
NJYour own share of the fault

It cuts what you recover. Above 50%, you recover nothing.

Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2

NJThe deadlines in New Jersey

  1. Sue for an injury, in generalN.J.S.A. 2A:14-2(a)Within 2 years
  2. Hit by a public entity's vehicle, like a town'sN.J.S.A. 59:8-8Notice within 90 days after the claim arises
Source: N.J.S.A. 2A:14-2(a); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

Sources

General information, not legal or medical 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

What should I do after being rear-ended?

In New Jersey, stop at the scene if anyone is hurt, give your name, address, license and registration, and report it to police right away if anyone is hurt or damage to one person's property is over $500. MedlinePlus says to have someone call emergency services if you can't move your arm or hand.

Who is at fault when you get rear-ended?

It depends on what happened. In New Jersey, a driver must not follow another vehicle more closely than is reasonable and prudent, and a jury that finds a driver did is told it's negligence. Whether it happened, or had an adequate explanation, can be disputed, and your own share of the fault cuts what you recover.

Is whiplash common after being rear-ended?

The Insurance Institute for Highway Safety says neck sprains and strains are the most frequently reported injuries in U.S. auto insurance claims, and rear impacts typically cause them. MedlinePlus says whiplash is another name for a neck sprain or strain.

Who pays my medical bills if I'm rear-ended in New Jersey?

Your own auto policy's PIP pays first, whoever caused the crash, up to $250,000 unless a lower amount was chosen in writing. Bills past your PIP limits can be claimed from the person at fault.

Can I sue after being rear-ended in New Jersey?

For medical bills PIP doesn't cover and lost income, yes. For pain and suffering, the lawsuit limit applies unless the driver chose otherwise in writing. A lawsuit generally must be filed within 2 years.

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