New Jersey Car Accident Legal Questions

The fact that you are on Medicaid will not protect you from being sued.  However, if you have car insurance, your insurance will provide a defense for you and pay any claims.  If you do not have insurance, but someone in the house in which you live has insurance, the other person's insurance may cover you.  ... Read More

You can always switch lawyers for any reason or no reason, but you really should be represented by a single lawyer for both cases because each litigation will delve into the facts of the other case. With the possible exception of traumatic brain injuries, must reputable PI lawyers can deal with any kind of injury, so looking for a seccond lawyer who specializes in a particular kind of injury is probably misplaced.  You should always tell your lawyer if you have been in another accident. If you don't, and the other side finds out about the second accident (and they will if you make a claim for the second accident) you will create credibility problems in your case. Parenthetically, you personally have an obligation to advise the defendants in both of your cases about the other accident and your injuries because if you aswered interrogatorires, you have been asked questions about this and you have an obligation to update your answers when you receive new information that changes the answers that you have already provided.  If you want to switch lawyers you should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read More

No, I do not believe your being a teacher will have any impact on the liability you bear in an auto accident.  However, if you do this transporting on a regular basis, you may want to consider making this known to your insurance carrier so they do not decline coverage and take the position that you are using your car in association with your "job"....... Read More

It becomes a question of #1 permissive use---he was driving your car with your permission for a limited purpose and he wasn't "wrong" to give your insurance information.  I am presuming that he gave your insurance info because that may have been all he had at the scene of the accident...BUT, he should be putting his insurance carrier on notice as the driver of your car.  YOu should also explain this to YOUR insurance carrier as they will take care of what needs to happen if the matter is settled without litigation.... Read More

Hi It certainly sounds like the liability for the accident lies with the driver of the vehicle that hit your daugther....simple answer to whether or not she can change attorneys is "yes" but there is more information needed before I can tell you whether she "has a case" that I would be willing to get involved in.   3 important questions:  1) you say "her car' so presuming she has insurance...what are her UIM policy limits.  you then go on to say "...tell her compony only has $15,000 car insurance." is this referrign to your daughter or the car that hit her  2) does your daughter's policy have the "law suit threshold" which would limit her rights towards suit if she doesn't have injuries of the type required and 3) what were the diagnosed injuries she had.  I would be willing to discuss this further with you or your daughter if you would like to contact me directly. ... Read More

If I am understanding correctly, your son was a passenger in your car and lives with you.  I am presuming that your son is not a named insured on any auto policy.  Other people live in  your household who own other cars that have insurance.  The way PIP works is that anyone who is a family member in the household who has auto insurance would also be responsible for his bills so they share the costs amongst them.  Their premiums should not be effected by this and the $15,000 is probably the liability coverage and has nothing to do with PIP (Personal Injury protection----this is the NO FAULT portion of the policy which means no matter who's fault an accident is, your own insurance, if you are  a named insured, or those in the household, if you do not have your own policy, pay your bills. ) usually, the traditional policy has $250,000 in coverage for PIP coverage.... Read More

Difficult to know...was there a police report?  did anyone get a ticket?  ...sounds to me like if you were traveling along the road, the person leaving a parking lot has to give you the right of way.  your description "pulled out the cvs parking lot to make a turn crossing the double yellow lines" is very confusing...did they cross both lanes of travel? did they try to get into your lane of travel?  did they try to get onto another road?  was anyone hurt?... Read More

Yes.  there is a law now that requires drivers in New Jersey to remove the snow and ice from their vehicles for precisely the reason that it can come off and injure other drivers such as you and your wife.  I am glad you have proof of who the other driver is.  Call my office and we can assist you with this matter.... Read More

In addition to providing you with coverage for your medical bills, your PIP policy may also provide you with income continuation benefits if you lose time from work. This is usually a modest amount of money and it is also usually secondary to other benefits that you can receive, like state disability benefits.  Beyond this, if you were injured you may have a claim against the driver who hit you. That claim would not be payable under your auto policy, you would make a claim against the driver who hit you, and his auto liability policy would cover this claim, and potentially any claim for property damage.  You should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read More

Your mother may also be able to get additional coverage from her own insurance if she has UM/UIM which is uninsured, under insured motorist coverage.  This is coverage that can be obtained to protect a person if another driver is at fault and that driver either does not have insurance, or the insurance is not adequate.  You should look at your mother's policy and see if she can get additional payment. ... Read More

You can, and you can also try to use your own car insurance, or the insurance of anyone in your house that was an insured driver.  There is something called UM/UIM for uninsured motorist/under insured motorist.  you  may have this coverage, and it may help you with your medical bills.  Also, your health insurance will pay for medical bills and try to get reimbursement from the the car insurance. ... Read More

You can do that and you should.  Her insurance company will be responsible for the damage to your vehicle.  You will get notice of the court hearing when she is charged, and you can get information about her insurance coverage from the police report.  If she does not have insurance, then you can sue her individually, and also your insurance can cover you under the part of the insurance known as UM/UIM  Uninsured motorist, under insured motorist. ... Read More