New Jersey Car Accident Legal Questions

Insurance companies will lowball you every chance they get. Try telling them that you are going to get an attorney if they are not going to play fair. But between you and me, It may not make sense to get a Lawyer unless you have personal injuries as well. If you were injured, I definitely think you should speak with an attorney. Many of us would be happy to speak with you free of charge. Just ask. Eric A. Shore... Read More

The retainer agreement you signed dictates the attorneys fees! However, depending on how much the work the lawyer did, like how many calls he made to get the policy limit, presumably, and so on, his fee's can always be negotiated. More importantly, if your claim is worth more than $15k, why don't you pursue an under-insured claim against your own carrier, assuming that you have that type of coverage! Another words, if you have 100/300 of under-insured coverage on your own policy, then you can recover $85k if you claim is worth $100k.(offset for the intitial $15) The lawyer you have handling your case should discuss the value of the case with you, before settling the underlying 3rd partty claim. If your case is worth more than $15, then his fee's may be resonable since he has alot more work to do in pursuing the rest of the money.   Alot more questions have to asked before the fees can be discussed. But in the finall analysis, evevrything is negotiable!    ... Read More

I think I answered this question before, but if you are thinking of suitng your attorney, that is a separate matter and best discussed with an attorney that handles legal malpractice cases. But if I remember correctly, you also mentioned that the policy limits were $50,000.00 and you would have to show that either the negligent party has assets outside of insurance or that you yourself have a underinsured motorists' coverage on your policy that is in excess of $50,000.00.... Read More

If this is minor damage, your best bet is to sue in small claims (claims under $3,000). This is not something you would likely need an attorney for if the claim is very small, but that is a decision you would have to make. You may not be entitled to attorney's fees though since that is usually only granted 1) where a statute permits it by law; or 2) where there is a contract that authorizes attorney's fees.... Read More

If the other party's insurance limits at $50,000.00 it usually does not pay to attempt to go after the remaining $10,000 unless you have knowledge of the other person's financial status. Plus an award for non-binding arbitration is not binding as the name suggests, so the other party may file an appeal. Wage compensation should have been paid through your PIP insurance coverage, although unreimbursed expenses can be claimed in a suit.... Read More

Unfortunately your settlement is usually going to be based upon the salvage value of your car. If the insurance company did an appraisal that served a basis for their offer, you may have had an opportunity to hire your own expert to do an appraisal to determine whether your modifications altered the appraised value. But most appraisals are going to be based upon the standard values for your model vehicle.... Read More

You need to see an attorney to investigate whether the denial of coverage by your insurance company was legitimate or not. You don't say why they cancelled the policy. Was it for non-payment? Why did they return the down payment. Since you say your coverage was cancelled on the day of the accident, you can't pursue a claim through uninsured motorists' coverage although you may sue through the NJ Uninsured Motorists' Fund. If you look to sue the driver of the other car, ask yourself whether you think a person who drives uninsured is going to have money to pay a judgment? Lastly, if the police were engaged in a legitimate and not grossly negligent pursuit of the other vehicle, you will have great difficulty proving a claim against them. You also have only 90 days to file a notice of claim against the relevant police dept. (and town, county or state agency it belongs to) in order to preserve a right to sue.... Read More

Consult a lawyer because the complaint may be barred by the 2 year statute of limitations. You may need to check the date of the complaint because there may be a "received by" date and a filing date. If the complaint was received at the clerk's office on the 27th but only entered into the system on the 30th it may be valid. Otherwise, you have a defense.... Read More

You are potentially liable if you rented a car and allowed someone else to drive it. I assume you were involved in the accident, but obviously you or your parents rented the vehicle. You need to see if your parent's insurance company may have some coverage. Otherwise, you can be liable for the damages to the rental car and any other potential liability if another car was hit.   You may want to check what credit card you used because some cards offer rental car insurance coverage. For instance American Express has it on some of their cards, as may Visa or Mastercard Platinum or other special credit cards.... Read More

It is not clear from your question whether this is a NJ matter or a PA matter since you mention that the Penn. State Police are involved. Obviously there you may be facing charges of either leaving the scene of an accident or failure to report an accident. Hopefully you got the information of the other truck driver, at least a license plate or phone number or some type of truck identification. ... Read More

Hopefully in addition to insurance on your vehicle you had gap insurance to cover the difference between the depreciated value of the car and the amount remaining on the lease. Unfortunately, you face the typical problem that occurs when you lease a car that has been nearly purchased. Your insurance pays the balance on the lease and there is nothing left over for a new vehicle. You may want to make sure your insurance company made its claims against the other drivers insurer so they can collect from the negligent driver's actions. But again, since the lease balance is likely higher than the actual salvage value of the car, you will not likely see any money for a new car.... Read More

Since automobile policies went through a number of revisions since 1984 it is definitely difficult to make a determination as to what your coverage would afford from 2017. Why do you have to go back to 1984, is that when your original accident took place? If you had an attorney, have the attorney subpoena the insurance company. Of course, most of these records were not necessarily stored digitally until much later in the 1990s or 2000s.... Read More

You should also contact your insurance.  There is a rider to insurance called UM/UIM uninsured motorist  and under insured motorist, that may help you.  Its insurance you can get for yourself, that protects you if the person who hits you either doesn't have insurance or doesn't have enough insurance.  ... Read More

Of course you can.  Property damage to the car, and medical expenses, as well as pain and suffering.  You should get the police reports from the accident, and notify your insurance company of all of the information.  Find a qualified personal injury attorney in your county and get a consultation.  Good Luck.  ... Read More

There may be depending on the type of insurance that you have.  You will want to consult a lawyer and have your declaration page form your insurance available.  Did you choose personal injury protection?  Did you choose to have your medical insurance cover any injury?  These choices may affect your ability to recover any claim. ... Read More

The insurance company needs to receive proof that your son is not covered under a worker's compensation claim.  You cannot have double coverage.  So if you son was using the vehicle in the course of his work, and he was eligble for worker's compensation, then he would not otherwise be eligible for personal injury insurance.  ... Read More

It depends on which insurance is offering to pay.  If you filed a claim against someone else's insurance, you can provide estimates, and appeal the amount you are offered. You can also file the claim against your own insurance and have your insurance company work to get the extra funds from the person that hit you. ... Read More

If you were injured and you are gong to try to get compensation, then speak to a lawyer first and let that lawyer advise you what should be said and not said, or if the statement you already gave was enough.  If you are not gong to get a lawyer, then call the insurance company back and answer their questions as to what happened. ... Read More

If you have auto insurance for the car you were driving then you can apeal the ticket.  If you did not have insurance, or the insurance expired, Then I think the penalty would stand.  You should first determine if the make and model of car that is on the ticket is a car that was previoulsy insured under that policy, and also that the car you were driving did have valid insurance that expired.  you would not want to raise this issue only to find out that the car insurance had it all wrong and never insured your vehicle.  ... Read More

First you should put in a claim with your auto insurance and tell them how the damage occured.  Often, your insurer will go after the company to get reimbursement or have the company's insurance take over.  If that doesn't work, go to the Comcast website and find the address for the cpororate headquarters and send a claim letter, certified mail, including any documentation you have about the damage, and the cost of repair.  ... Read More