Raffi T. Khorozian, Esq., standing with the firm's staff outside the office

What Evidence Supports a Car Accident Claim in New Jersey?

A New Jersey car accident claim is won or lost on proof. Saying the other driver ran the light, or that your back still hurts, does not move an insurer.

Published by Law Offices of Raffi T. Khorozian, P.C.. Updated October 12, 2026.

Records, photos and witnesses do. The strongest evidence falls into two groups: proof of how the crash happened and proof of what it did to you. Much of it disappears quickly, so the first weeks matter most.

This article is general information about New Jersey claims, not advice about your case.

Proof of how the crash happened

The police crash report (NJTR-1)

When police respond to a crash in New Jersey, the officer fills out a standard form called the NJTR-1, the New Jersey Police Crash Investigation Report. It records the drivers, vehicles, insurance, road and weather conditions, a diagram, any summonses, and often the officer’s notes on what each driver said.

New Jersey drivers generally must report a crash to the police when anyone is hurt or killed, or when property damage is over $500. If police did not come to the scene, report the crash yourself as soon as you can.

The report is not the final word on fault, and the officer usually did not see the collision. Still, insurers read it first. Get a copy, check it, and flag errors such as a misspelled name, the wrong direction of travel or a missing witness.

Photos and video from the scene

Pictures taken in the first minutes often settle arguments months later. Useful shots include:

  • every vehicle from several angles, including the plates and where the cars came to rest;
  • skid marks, broken glass and debris on the road;
  • traffic lights, stop signs, lane markings and anything blocking the view;
  • your visible injuries, then and over the following days.

Dashcam footage is especially strong because it shows the crash itself, with a timestamp. Save the file to a second device the same day, since many cameras record over themselves in a loop.

Surveillance and doorbell cameras

Stores, gas stations, apartment buildings, buses and doorbell cameras may have caught the collision, and many keep footage only for days or a few weeks. A quick written request to preserve the video can turn a he-said-she-said dispute into a clear record. Public agency recordings can be requested too, under their own procedures.

Witnesses

An independent witness, someone with no stake in either car, carries real weight. Get names and phone numbers at the scene, and check whether the police report lists witnesses. Memories fade, so an account taken early beats one gathered a year later.

Be careful with your own words as well. Statements you give the other driver’s insurer can be used against you; the reasons are explained in should you give the insurer a recorded statement.

Vehicle data and reconstruction

Many modern vehicles have an event data recorder that captures speed, braking and seatbelt use in the seconds before impact. Phone records can show whether a driver was texting. In serious cases, an accident reconstructionist can use the damage, the road evidence and this data to show speed, angle and timing. That matters because of New Jersey’s comparative fault rule: a person more than 50% at fault cannot recover, and a smaller share of fault reduces the award. Keep the damaged car, or at least its photos and repair estimate, until your lawyer says the vehicle is no longer needed.

Proof of what the crash did to you

Medical records

Your treatment records are the backbone of the injury claim. Go to the emergency room or your own doctor promptly, describe every symptom, and follow the care plan. Gaps in treatment are among the first things an insurer points to. Keep a folder of bills, prescriptions, imaging reports and appointment dates. The medical bills guide explains how PIP pays for this care in New Jersey.

The verbal threshold and the physician certification

Many New Jersey drivers carry the “limitation on lawsuit” option, often called the verbal threshold. With that option, you may sue for pain and suffering only if the injury fits one of the categories in state law: death, dismemberment, significant disfigurement or scarring, a displaced fracture, loss of a fetus, or a permanent injury — a body part or organ that has not healed to function normally and will not, even with more treatment.

Proving a permanent injury takes more than your description of the pain. New Jersey law generally requires, within 60 days after the defendant answers the lawsuit, a certification from a licensed physician stating that the injury meets the threshold. It must rest on objective clinical evidence, such as MRI or CT findings, nerve conduction tests or measured loss of motion. Tests that depend only on what the patient reports do not count. This is why consistent treatment and proper imaging matter from the start.

Lost income and daily life

For lost earnings, gather pay stubs, tax returns and an employer letter showing the days missed; self-employed people should keep invoices and bank records from before and after. A short journal of pain, missed events and help needed at home makes the human side of the claim concrete.

What to do now

  1. Request the NJTR-1 report and save every photo and video in two places.
  2. Ask nearby businesses and neighbors to keep their footage, in writing.
  3. Write down witness names and your own memory of the crash while it is fresh.
  4. Keep treating, and keep every medical and work record.
  5. Stay off social media about the accident.

The full checklist is in the first steps after a NJ crash. Remember that evidence only helps if the claim is filed in time; see New Jersey’s car accident deadlines.

Raffi has handled thousands of motor vehicle accident cases and can tell you what your evidence shows and what is still missing. Learn more on the car accident page. The consultation is free, and cases are taken on a contingency fee, meaning no attorney’s fee unless money is recovered for you. If there is no recovery, you may still be responsible for case costs, as explained in your retainer agreement. Call any time, 24/7: 855-RAFFI-25 (855-723-3425), or reach out through the contact page.

Frequently asked questions

How do I get a copy of the police crash report in New Jersey?

Ask the police department that responded to the crash. Many New Jersey departments also release reports online. Have the case number, the date and the location ready.

How long do businesses keep security camera video?

Often only days or a few weeks before it is recorded over. If a store, gas station or home camera may have caught the crash, ask for the footage to be saved right away, in writing.

Should I post about the accident on social media?

It is safer not to. Insurers look at public posts and photos, and a single picture of you smiling at an event can be used to argue your injuries are minor.

Call 855-RAFFI-25