10 Questions to Ask Before Talking to the Other Driver’s Insurer, With Guidance From The Law Offices of Anthony Carbone
The call usually comes within a day or two of the crash. A friendly adjuster from the other driver’s insurance company asks how you’re feeling and whether you’d mind answering a few questions. Here are ten questions to ask yourself first, followed by local law offices, starting with The Law Offices of Anthony Carbone.
What should you ask before speaking with the other driver’s insurance company?
1. Am I required to talk to them?
No. You have no legal duty to speak with the other driver’s insurer. Your own policy likely requires you to cooperate with your own company, but that obligation doesn’t extend to the other side. You can decline and ask for requests in writing.
2. Should I agree to a recorded statement?
Usually not, at least not early. A recorded statement is a formal, taped interview. Small inconsistencies, such as guessing at your speed, can later be used to argue you share fault. Under New Jersey’s comparative negligence law, N.J.S.A. 2A:15-5.1, your recovery shrinks by your percentage of fault and disappears above 50 percent.
3. Whose interests does the adjuster represent?
The other driver’s and the insurer’s. The adjuster’s job is to resolve the claim for as little as the facts allow. New Jersey’s Unfair Claim Settlement Practices law, N.J.S.A. 17:29B-4(9), bars insurers from misrepresenting facts or policy terms, but it doesn’t make the adjuster your advocate.
4. Have I opened a claim with my own insurer?
Do that first. In New Jersey, your own Personal Injury Protection (PIP) coverage, the no-fault portion of your policy, pays your medical bills regardless of fault.
5. Do I know which lawsuit option I carry?
Check your declarations page. You may have the limitation on lawsuit option, known as the verbal threshold. If so, you can recover pain and suffering damages only for injuries in the categories listed in N.J.S.A. 39:6A-8(a), such as a displaced fracture or permanent injury.
6. Do I know how badly I’m hurt?
If you’ve been in treatment for less than a few weeks, probably not. Any settlement requires signing a release, which ends your claim permanently, even if you later need surgery.
7. What are the other driver’s policy limits?
They may be lower than your losses. New Jersey’s minimum bodily injury liability limits on standard policies rose on January 1, 2026, to $35,000 per person and $70,000 per accident, up from $25,000 and $50,000. Your own underinsured motorist (UIM) coverage may be higher than the other driver’s liability limit. If it is, you may be able to recover the difference from your own insurer.
8. Should I sign a medical authorization?
Not a broad one. Some forms allow the insurer to collect your entire medical history, which can be used to blame your pain on a prior condition. If records are needed, they can be provided for the relevant body parts and time period.
9. Should I handle the car damage separately?
You can. Property damage claims usually move faster and don’t require you to discuss injuries. Keep that conversation limited to the vehicle.
10. What deadline am I working against?
Two years from the crash for most injury lawsuits under N.J.S.A. 2A:14-2. Ongoing talks with an adjuster don’t pause that clock. If a government vehicle was involved, a notice of claim is generally due within 90 days under N.J.S.A. 59:8-8.
Which law offices serve people hurt in Hudson County crashes?
- The Law Offices of Anthony Carbone
- William Proetta Criminal Law
- Joseph D. Rotella
- Ramon M. Gonzalez, Esq.
- John D. Lynch
The Law Offices of Anthony Carbone
The Law Offices of Anthony Carbone, P.C. is a Jersey City firm where attorney Anthony Carbone has practiced for 35 years. The firm represents drivers, passengers, and pedestrians injured in crashes. It also defends criminal and DUI charges. Consultations are free and offered in English, Hindi, and Punjabi.
William Proetta Criminal Law
A Jersey City office that handles criminal and traffic cases.
Joseph D. Rotella
A Newark attorney who handles criminal defense.
Ramon M. Gonzalez, Esq.
A Union City attorney whose practice includes criminal matters.
John D. Lynch
A Union City attorney who handles criminal and traffic matters.
What’s the bottom line?
The other driver’s insurer isn’t on your side, and nothing requires you to talk to it. Open your own PIP claim, keep treating, and learn the limits that apply before discussing money. If you were hurt in a crash in Hudson County, The Law Offices of Anthony Carbone can review your claim in a free consultation.
Attorney advertising. This article is general information and not legal advice.
