New Jersey Car Accident Legal Questions

I'm not sure from the information provided what kind of information you need.  Is the vehicle impounded or just in storage?  You can always get information pertaining to a vehicle from the state in which the vehicle is registered and licensed.  If the vehicle is impounded, you should find out if there is a maximum time period that your vehicle will be kept at that location before it is sold at auction.... Read More

You definitely can.  the type of injury that you have and the type of insurance that you have may prevent you from getting a recovery, but the person driving the car, and her parents are responsible for your injuries, regardless of her age.  chance are she should not have been driving without a licensed driver in the car, and it was probably her parents car and/or her parents were paying the car insurance.  You should speak to another lawyer.  you can call my office and I will put you in touch with a Personal Injury Attorney.... Read More

You have to look at your policy.  Does the policy say that you are entitled to notice before cancellation?  Do you have monthly payments?  If you have monthly payments, and you have to make the payment every month, then you know if you did not make a payment.  If your policy says you have to receive notice before cancellation and you did not because it went to the wrong address, the insurance company may have to pay. ... Read More

Even an "as is" sale does not excuse a dealer from informing you of all material facts which it knew prior to engaging in the sale.   Intentional misrepresentation is established by three factors: (1) a false representation that is made with either knowledge or belief that it is false or without a sufficient foundation, (2) an intent to induce another's reliance, and (3) damages that result from this reliance.   With respect to the false representation element, the suppression or omission “ ‘of a material fact which a party is bound in good faith to disclose is equivalent to a false representation, since it constitutes an indirect representation that such fact does not exist.' ” Nelson v. Heer, 123 Nev. 217, 226 (2007). Now on the question of them telling you that the car was "fixed and good", there is an exception to misrepresentation claims which is that a seller, which is that you would be required to introduce evidence to establish that the Dealer knew or should have known that prior damage, which was repaired, was material factor that you as a purchaser would have considered when purchasing the vehicle.  Id.  Because misrepresentation claims require a heightened standard of proof, you should have an attorney go over all of your documents and determine your best course of action.... Read More

I'm sorry you were injured.  Responsibility for your medical bills will depend on what you have chosen for your car insurance.  You can choose and option that makes your health insurance responsible, and then if you get a personal injury award, you have to reimburse the insurance company.  So even if you were a passenger, your car insurance, and possibly your health insurance area also relevant along with the driver's insurance and the other driver if there was another vehicle involved.  ... Read More

You normally do not get "punitive" damages in an accident, the punishment part of it comes through the municipal court by way of the careless driving citation, points and penalties that occur.  You do seem to have injuries, and may suffer subsequent problems if the vision issues do not resolve themselves.  You would be entitled to lost time at work, and any other out of pocket expenses.   If you would like to discuss this further, feel free to call my office. ... Read More

Oh no !  I am so sorry that this happened.  That's absolutely awful, and to know that it was a drunk driver makes it even worse.  I can help you.  you will be able to bring an action against the driver, and probably against your mother's car insurance also.  I can help you deal with the estate issues, and the wrongful death issues.  Please call my office and I will help you. ... Read More

I'm sorry this happened to you.  You can do any number of things to find a good lawyer.  Check out the lawyers listed in this website, on Lawyers.com.  Look at their experience, peer ratings, client feedback and all of the factors.  Meet with a lawyer and see if you like them.  They should not charge you for the consultation.  Call my office on Monday and I will help you if I can.  ... Read More

Unfortunately, you should have asked this question before you pleaded down the traffic violation.  Your plea probably involved you pleading guilty to some lesser charge, and you now have the points and the surcharge.  The plea was an admission.  I understand you did it to pay less of a fine, but now there is a guilty plea.  In addition, you should have had that record "sealed" or marked so that it couldn't be used in a civil suit.  It seems, from what you have written that the insurance company is making a decision to pay claims instead of fighting because of the damage, and possibly the plea that you have already made. ... Read More

She got the citation from the officer, and she can challenge that and plead not guilty in court.  you will get notice of her court date and can appear when she does and explain your side of the story.  If you now have her insurance information and can make a claim, then the only thing that can happened is in addition she will get a citation for leaving the scene of an accident.  She is using that as an excuse to get out of the ticket, because it will be points against her license.  since you were the "victim" in the accident you will get notice of what she does in municipal court for the violation and can address the issue then.  Good luck .  ... Read More

If the builder refuses to pay for the damages you may need to file a complaint against the builder who was doing the construction, and the town for not requiring the proper signage and enforcing the ordinances and traffic control regulations.  If you have to sue the town, you have to do it within 90 days of the accident so be careful of the timing.  Take photographs of the raised manhole and the surrounding area showing there was no warning about the drop or the raised manhole.  ... Read More

See if your uninsured coverage will cover the loss. Our Insurer would then have a right to sue the at fault driver to recoup its money. If your uninsured coverage does not cover the loss, you can bring suit against the at fault driver and hold him personally liable. If he had his brother's permission to drive the car, then the brother's insurance should cover the loss. If the at fault driver says he had permission, and the brother didn't report it stolen, then you might successfully get the insurer to cover it.... Read More

Whether or not you are responsible for the medical bills depends on what your car insurance provides.  If you have chosen PIP (Personal injury protection) then your car insurance will cover the medical bills. However, some people choose not to take this option as it does raise your premium slightly.  If you did not choose PIP, then your own medical insurance covers any medical bills that you have.  You need to bring litigation against the driver of the vehicle that hit you.  Your medical bills will be part of your damages, as well as pain and suffering.  Good luck - and if there is anything I can do for you, please call my office.... Read More

OMG, you need a lawyer. Do not, I repeat, do not speak to anyone from the other side. Do not sign anything. Do not give any statements, Get a lawyer yesterday. You need to call your own insurance company, not the agent who sold you the policy, but the company itself. Get hold of their claims department and make a claim. Ask them to send you an Application for No Fault Benefits immediately. If you do not receive it within a week, then hike yourself into a lawyer's office. There are some very strict Statutes of Limitations, and if you do not get started properly, I promise that you are going to screw up and lose a lot of benefits to which you might otherwise be entitled.... Read More

Your insurance company is supposed to handle this for you and hire an attorney to represent your daughter if the other driver files a lawsuit. This is a complicated question requiring the review of your/her liability policy and quite a bit of discussion. Contact an attorney experienced in personal injury matters. If you don't know one contact me and I'll refer you to the best such attorney in your area at no charge.... Read More

Assuming you and your daughter have insurance, your insurance company will investigate the accident and will hire an attorney to defend you. However, the insurance company will NOT hire an attorney for you to sue the other driver for your own damages, so you should get your own counsel who can work with your insurer's attorney to defend you AND prosecute an action against the other driver. If the other driver successfully sues you and your daughter, as the owner of the car you can be held responsible for up to $15,000 per person or $30,000 total per accident (if there is more than one person suing you for damages) for personal injury damages, according to statute. If your daughter is found to be 100% at fault, she can be sued for the total amount of the damages, even if they are over the limits on her insurance policy. The insurer will pay up to the policy limits, and your daughter as an adult will have to pay the balance of any judgment against her over her policy limits.... Read More