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New Jersey Car Accidents Questions & Answers
3 Answers | Asked in Car Accidents, Civil Litigation, Contracts and Personal Injury for New Jersey on
Q: Should I answer questions from the other party about an accident if we're going to court and they already have the report?

I'm involved in an accident case that is going to court. The other party, not their lawyer, has asked me to answer questions about the accident, even though they already have the accident report. They've also asked me to fill out paperwork related to this. What should I do in this... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 9, 2025

The answer depends on a lot of question such what are they going to court for, a ticket, a personal injury suit, property damage, etc. How are you related to the accident? What do you think that person is looking for answers for and is that the only reason they want your testimony. Speak with a... View More

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3 Answers | Asked in Real Estate Law, Car Accidents and Personal Injury for New Jersey on
Q: Can we proceed with title transfer of the houses if he is under a pending lawsuit? We are separating.

My partner (we are not legally married) and I have decided to separate. We currently co-own two properties, and have three children together. As part of our mutual agreement, he intends to transfer full title of both properties to me, and I will assume full responsibility for the children and the... View More

Anthony M. Avery
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answered on May 23, 2025

Creditor will claim the deed is a fraudulent transfer. Consult with a NJ attorney for asset protection alternatives. Examine NJ Exemption laws. Your agreement is not binding on his creditors.

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2 Answers | Asked in Business Law, Contracts, Civil Litigation, Family Law, Car Accidents and Personal Injury for New Jersey on
Q: How can we legitimately transfer co-owned properties amid a pending lawsuit in NJ?

My partner and I, who are not legally married, have decided to separate. We co-own two properties and have three children together. He plans to transfer full title of both properties to me, and I will take full responsibility for the children and properties. However, he is a named defendant in a... View More

Leonard R. Boyer
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answered on May 25, 2025

You cannot just transfer your your assets to another person to avoid creditors. That will be considered FRAUD. You do not want any part of this. Your soon to be formed partner needs to at least consult an experienced Bankruptcy attorney and see if it is right for him. Pick the best attorney you can... View More

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1 Answer | Asked in Car Accidents, Consumer Law and Personal Injury for New Jersey on
Q: Can an attorney help with ensuring fair insurance total loss value?

I was recently involved in an auto accident with my 2003 Honda Accord. My insurance company has offered me a total loss value that seems consistent with other evaluations I've obtained, indicating a pre-loss value of approximately $3409. I want to know if an attorney can assist me in ensuring... View More

James L. Arrasmith
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answered on May 15, 2025

It’s completely understandable to want reassurance that you’re being treated fairly, especially when it comes to a total loss offer after an accident. Even though \$3,409 may seem consistent with market research, insurance companies don’t always get it right — and you have the right to... View More

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for New Jersey on
Q: Am I liable for damages if my daughter, covered by my insurance, hits a pedestrian in her own car?

My daughter owns a car registered in her name. She was involved in an accident with a pedestrian while driving her car. Although she owns the vehicle, she is a writer on my insurance policy, and her car is covered under it. A police report was filed. Am I responsible for any damages in this... View More

James L. Arrasmith
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answered on May 14, 2025

This is a tough situation, and it's good that you're looking into the details now rather than being caught off guard later. Generally, the insurance policy covering the vehicle is the first line of responsibility. If your daughter’s car is listed on your policy and she is a named... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for New Jersey on
Q: What is the statute of limitations for car accident claims if the accident happened in NJ but the car is registered in CA and owner lives in NY?

I got into an accident in a friend's car, which was registered in California. The accident occurred in New Jersey, while the car owner was living in New York at the time. The car was a total loss, and I wasn't on the owner's insurance nor did I have my own. If the owner wants to... View More

James L. Arrasmith
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answered on May 15, 2025

In most cases, the statute of limitations is based on where the accident occurred—not where the car is registered or where the owner lives. Since the accident happened in New Jersey, New Jersey law will likely apply. In that state, the general statute of limitations for property damage claims,... View More

4 Answers | Asked in Personal Injury and Car Accidents for New Jersey on
Q: What to expect after a bus accident in NJ with injuries?

I was involved in a bus accident on March 12 in Elizabeth, New Jersey. I sustained injuries to my lower back and neck and am currently seeing a chiropractor for treatment. I have an upcoming MRI appointment related to my injuries, but I have not been in contact with the bus company or their... View More

Gerald D. Siegel
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answered on Apr 13, 2025

Working on the assumption that you were a passenger on the bus, I think the main issue is whether the bus was privately owned or state owned, such as by NJ Transit. Depending, different laws apply to each. If it's a private bus company, you have a good case; if it's NJ Transit and you... View More

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1 Answer | Asked in Divorce, Car Accidents, Family Law and Personal Injury for New Jersey on
Q: Is accident settlement community property during pre-divorce in NJ?

I am considering divorce from my spouse, and we are still married. We were involved in an accident in Florida, where the other driver was at fault, and we have attorneys pursuing a suit against the driver. We reside in New Jersey and are on the same insurance policy. If we receive a settlement... View More

James L. Arrasmith
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answered on Apr 11, 2025

I'm really sorry you're navigating this—it’s already difficult to go through a potential divorce, and adding a personal injury case to it can make things more complicated. New Jersey is an equitable distribution state, not a community property state. That means marital property is... View More

1 Answer | Asked in Car Accidents, Consumer Law and Personal Injury for New Jersey on
Q: Dispute tow invoice after car accident while hospitalized.

I was involved in a car accident, and my vehicle was towed without my knowledge while I was in the hospital with my wife. We are both 82 years old. I never received a call from the police or the tow truck driver. Now, the tow company is refusing to release my car due to a disputed invoice amount of... View More

James L. Arrasmith
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answered on Apr 11, 2025

What you’re dealing with is incredibly frustrating, especially after going through the trauma of a car accident and being in the hospital. In New Jersey, tow companies are regulated by local municipalities, and they must follow specific rules about what they can charge and how they handle... View More

2 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for New Jersey on
Q: Seek advice on insurance claim after children's accident using my vehicle with permissive use and regular use concerns.

My children obtained their driver's licenses in 2016 and 2018, lived in my household, and drove my vehicles until they left for college. One child returned home in 2020 for six months before moving away, but never changed the address on her license. The other did not return home but used my... View More

Tim Akpinar
Tim Akpinar
answered on Apr 9, 2025

I'm sorry about your child's accident. How to proceed? It could be worth considering a consult with an attorney to review the matter in detail. That's probably why the post remained open for a week. It isn't an easy question to answer directly in a meaningful manner on a Q &... View More

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3 Answers | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Personal Injury for New Jersey on
Q: Is it fraud to file a claim on a new policy for a past accident?

In December, I was involved in a hit-and-run accident while I had insurance. Recently, my policy was canceled due to insufficient funds, but I paid the remaining balance on the old policy. A few days ago, I signed paperwork to get a new policy with the same company and coverage. The victim intends... View More

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2025

Based on the brief facts, it looks like the accident is not covered by the new policy - it took place before the effective date of coverage. Good luck

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2 Answers | Asked in Car Accidents and Insurance Defense for New Jersey on
Q: Do I have to respond to insurance inquiry after no damage parking lot incident in NJ?

I was involved in a minor incident in New Jersey where I backed out of a parking space and exchanged names with the other driver as we both noticed no damage and did not file a police report. Recently, I received an inquiry letter from the other driver’s insurance company stating that they filed... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2025

If you don't respond, it's possible to the carrier could use the absence of your input to only use the other side's account of events in the accident claim. Some attorneys could advise in general for claimants not to make statements without their own attorney or insurance carrier... View More

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3 Answers | Asked in DUI / DWI, Car Accidents and Personal Injury for New Jersey on
Q: I was in an accident and received a DUI in NJ with an ethanol level of 51.6. What to expect?

I was in an accident in New Jersey, hospitalized, and received my first DUI. My ethanol level was reported as 51.6 from the hospital. The accident happened around 4:26 AM. Was I within the legal limit to operate a vehicle? What should I expect next in the process?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 4, 2025

Your ethanol level needs to be convereted to BAC level which is generally on the lab work. The DWI limit is .08 but you can still get a DWI even with a lower level than the limit as the limit is only a presumption that your driving ability was impaired by alcohol. Definately get a lawyer to... View More

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1 Answer | Asked in Consumer Law, Contracts and Car Accidents for New Jersey on
Q: Is a car dealer liable for altering contract terms and financial info in NJ?

I agreed to purchase a car for $7,500 and have a signed contract for this amount. However, the base price was increased to $7,999 to include repairs, and my monthly income was nearly doubled in the contract with the financing institution to get the car financed. I've been making payments on... View More

Leonard R. Boyer
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answered on Feb 18, 2025

You need to have a consultation with an experienced civil litigation attorney to determine how to best handle this matter. You should expect to pay for 1/2 an hour of attorney time. The dealer (based on your statements has violated the New Jersey Consumer Fraud Act (which entitles you to triple... View More

3 Answers | Asked in Personal Injury and Car Accidents for New Jersey on
Q: I was in a car accident & the other guy was at fault. My hand is sore. Can I get his insurance to pay me for this in nj?

They already paid for my car. Can I get more for the pain in my hand. it's hard to close my hand and I didn't have full usage although it's getting better. I have my first doctor's appointment tomorrow about it, some 4 weeks later.

Gerald D. Siegel
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answered on Feb 6, 2025

Whether you have a case worth purusing is dependent upon your doctor's findings and the results of any diagnostic testing. X-rays, CT, or MRI is considering "objective medical evidencde" required under the law.

I think you should speak with a personal injury attorney who is...
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1 Answer | Asked in Car Accidents for New Jersey on
Q: PIP lawyer wants to file a case even if I have no injuries.

I was rear ended. Police report shows other driver at fault. I have no real injuries but lawyer wants me to go for whiplash treatments. Do we even have a case? Wouldn't the other insurance investigate and see I'm not seriously injured?

Tim Akpinar
Tim Akpinar
answered on Jan 4, 2025

If there's literally no injuries, there's no case. If it's a matter of mild injuries you feel uncertain and unsettled about, that's up to you to either explore further with a medical exam... or let go of and move on. It's an individual decision. Insurance carriers generally... View More

1 Answer | Asked in Car Accidents for New Jersey on
Q: if they sent me a ticket to a house where I no longer live, what can I do to get it again
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 12, 2024

Best way is to go down to the township municipal court where you got the ticket from, ask them for a copy and update them with your new address. If its a serious ticket with points hire a good lawyer.

1 Answer | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: Does 75 § 3334 §§ A (Lead) & 75 § 3309 §§ 1 (Lead) in PA carry any points for a NJ Driver? Do I contest?

I am a NJ driver and met with an accident with a 18 wheeler trailer truck. I was not at fault.

Stuart Nachbar
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Stuart Nachbar
answered on Dec 4, 2024

I do not know the Pennsylvania statutes so I cant answer this fully, but I do know that NJ and PA both participate in the Compact Act which makes charges reciprocal.

For more information about same, please go to:...
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2 Answers | Asked in Car Accidents and Personal Injury for New Jersey on
Q: Does Personal Injury Lawyer get a % of settlement if it’s not above the original insurance company offer?

Minor son in car accident. Another Minor was driver of car. His insurance company offered 25k pain and suffering. Talk to Lawyer and he thinks we can get more. If I hire him and we still only get 25k, does he take a full share of the settlement even though I could have gotten that on my own?... View More

Stuart Nachbar
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Stuart Nachbar
answered on Nov 27, 2024

Yes, he would be entitled to his fee, but since your child is a minor, Fee in NJ would only be 25%

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2 Answers | Asked in Car Accidents for New Jersey on
Q: Is a police report necessary to sue for injury and mental distress for an accident that occurred 1.5 years ago in NJ USA

I was involved in a car accident over a year ago where neither party was apparently injured with very minimal damage. I was clearly at fault but the opposing party even refused to get police involved and said it would be best to handle it ourselves. We exchanged insurance information and today (a... View More

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2024

They can still sue without the report. Their case would probably be stronger with a report. At any rate, don't dwell on that point - it's just one of the details of the case that will be sorted out. Notify your insurance carrier without further delay if you haven't already done so.... View More

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