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New Jersey Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for New Jersey on
Q: 4 car accident on rt 80 2019 paid my fines. Recently tried getting license back 2 tickets were never put in system

After I went to court and other parties didn't attend 3x I was told by public defender to pay fines which I did. Now 3 years later I have to attend court for the additional 2 .tickets that were not in system.Can the town do this?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 26, 2022

They may or may not be able to do this, an attorney would need to ask you and the court a lot of question starting with ,one like were the tickets issued and served on you, the reason why they were not in the system, were the tickets sent to another court thus a double jeopardy problem. That... Read more »

2 Answers | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: warning for offense 39:4-32 pedestrian crossing roadway signals

if you receive a warning in new jersey for failing to stop for a pedestrian in a marked crosswalk will that increase your auto insurance rates. Not a ticket but a warning. I have a camera in my car and the video shows nothing except a cop waving to turn left. Can I contest this ?

Michael A. Smolensky
Michael A. Smolensky
answered on Nov 17, 2022

A ticket filed in the municipal court is required before direct and collateral consequences become an issue. If a police officer gives only a warning, then the court, motor vehicle commission, and insurance company should not find out about the encounter.

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1 Answer | Asked in Car Accidents and Criminal Law for New Jersey on
Q: I woke up one night at approximately 5pm, I went outside to go to Walmart and my car was gone. I reported car stolen.

The police came back the next night accusing me of making false report because apparently my ex boyfriend was driving the car and had gotten into an accident. I allow him to use my car when he needs it but in this particular day I did not know that he had the car as I thought he was out of state.... Read more »

Michael A. Smolensky
Michael A. Smolensky
answered on Oct 11, 2022

This sounds important. But it is difficult to answer this question online because more information is necessary. If it is as important to you as it sounds, then you will want to contact a private attorney to discuss this in more detail.

1 Answer | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: Can I still receive a ticket in this matter?

Hello, I was in a traffic accident approximately 1yr and 5 months ago where I rear ended a motorvehicle. My vehicle (Sedan) was totaled the other vehicle (SUV) had some had rear end damage. After flagging down an Officer they completed their investigations and towed my car. I received the tow... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 19, 2022

You can't still receive a ticket as you would be past the statute of limitations, but it sounds like you may already have had one. I would hire an attorney to research this and see if any tickets arose out of the situation to make sure you don't have a warrant for your arrest for not... Read more »

2 Answers | Asked in Car Accidents for New Jersey on
Q: My car was totalled, not due to my fault, it was 100% the other party but the value is 19k, his insurance only has 10k

I own a car rental company in NJ, One of my customers was hit and it was deemed the other drivers fault.

The insurance company is having me sign a waiver that I will not sue the driver after I get the 10k even though to make me whole, it would be the value of the vehicle 19k, tow and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 11, 2022

A lawyer would need to ask you several questions to properly answer this question starting with do you have an under or uninsured insurance to cover loss, does your contract speak to an accident and does it include recovery of attorneys fees etc. Although it may cost a few dollars to speak with a... Read more »

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2 Answers | Asked in Car Accidents for New Jersey on
Q: Can i still be compensated in nj for the aggravation of my preexisting osteoarthiritis and diabetes from a car accident
Gerald D. Siegel
PREMIUM
Gerald D. Siegel
answered on Jul 7, 2022

The answer depends on a number of factors, some of which are:

What is your tort threshold on your auto policy, i.e. your right to sue for pain and suffering,

Have you had a MRI since this accident and any before the accident and what do they demonstrate,

What is the nature...
Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for New Jersey on
Q: Am I entitled to any money for being hit by a drunk driver/watching my driver diein a car accident when I was 15 in 2019

In November 2019, I was 15 (I’m 18 now) and was behind the passengers side of a Lyft driver. Is was around 3am and we got hit by a drunk driver on the highway. I watched my Lyft driver die and that was the last thing I remember. I woke in the hospital with a scraped knee, a broken rib and a... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Jun 29, 2022

Whether you are entitled is only half of the battle. Your statute of limitations is running out quickly. Normally it is 2 years but becuase you were a minor, it was suspended. You need to contact counsel asap.

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2 Answers | Asked in Car Accidents for New Jersey on
Q: Hi. I got into a accident I was making a left turn over a traffic median into a parking lot and a car

That was behind me didn't realize I was turning and drove into the median and hit me on my turn is he responsible or we both are because maybe I shouldn't have turned there?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 21, 2022

Unfortunately, it appears, the law would consider you at fault for the accident as from your description it appears you were making a left turn into on coming traffic and therefore you must yield to oncoming traffic. But an attorney would need to see the accident report before making this decision.

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1 Answer | Asked in Car Accidents, Employment Law and Personal Injury for New Jersey on
Q: A county roads employee being sued for injury damages from an MVA while at work. Is he entitled to indemnification?

The county (employer) disciplined the employee. It’s not his first accident. The county denied intent to legally represent and/or indemnify.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 14, 2022

I believe the employee, if accident occurred while in his employment, would be entitled to coverage from the county. I recommend filing a title 59 notice if you are the Plaintiff. The time for this to be done is short, so speak with counsel.

1 Answer | Asked in Car Accidents and DUI / DWI for New Jersey on
Q: Do the police have to bring an intoxicated, clearly injured, person to the hospital following a car accident?

My friend got into a bad car accident while intoxicated. She had a burned, bloody face and expressed her arm was in pain (hospital confirmed it was broken the following day). Upon arrival the police asked if she wanted to go to the ER, but due to being drunk and in shock she declined. They... Read more »

James A. Abate
James A. Abate
answered on Apr 13, 2022

Due to injuries her field tests may have been compromised. She denied injuries and opportunity to go to hospital. So SFST argument is hard to hold against cops since they did not know. However with a medical expert the accident can be a factor for concussion mobility and other reasons. In many... Read more »

1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for New Jersey on
Q: I was charged with simple assault. Due to an car accident. I didn't intentionally hurt the person. I fell asleep.
James A. Abate
James A. Abate
answered on Mar 31, 2022

This is actually an interesting issue. What was the intentional act? Police can say you intended to operate the vehicle in a sleepy state, unless you are a narcoleptic. If the sleep suddenly and without warning came upon you (bit into a magic apple perhaps) then you may have an argument that you... Read more »

2 Answers | Asked in Personal Injury, Car Accidents, Health Care Law and Medical Malpractice for New Jersey on
Q: Lawyer never filed suits and statute of limitations have expired and is offering $15,000 check seems hush money

My mom had a lawyer who was a friend of her friends, she hired him to file a few suits pertaining to personal injury and malpractice. He never filed the suits and now offered her a check for $15,000 along with a letter stating if she cashes the check it releases him from the fault of not processing... Read more »

Gerald D. Siegel
PREMIUM
Gerald D. Siegel
answered on Mar 20, 2022

#1, it is unethical for a lawyer who blows a statute to try to settle with you without you being informed of your right to counsel and you obtaining an attorney. I strongly urge you not to accept any offer and cash the attorney's check without speaking with a personal injury lawyer who is... Read more »

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1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for New Jersey on
Q: I was charged with simple assault due to an car accident I didn't intentionally mean to hurt the person. I fell asleep.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 13, 2022

If you were asleep it could be a defense if you never woke up. But much more information would need to be known to determine if the defense could work for you. I suggest you set up a consultation with a good criminal lawyer.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense, Consumer Law and Car Accidents for New Jersey on
Q: Can insurance companies be held liable for cancelation without notice?

Insurance coverage lapsed but consumer only knew that when they tried to report an accident.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 17, 2022

The short answer is yes they must cancel the policy according to state and federal law requirements for notice.

2 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for New Jersey on
Q: Is it wise to go back to physical therapy 2 years later for the same case and injury?

In 2020, my therapy was paused due to covid. However, I finished a month or two later. Also, I didn't have money to opt for surgery. Now 2 years later, a chiropractor I sending me back.

Gerald D. Siegel
PREMIUM
Gerald D. Siegel
answered on Feb 15, 2022

Many more facts would need to be known before advising you of a strategy. For example, what type of accident were you involved in, who was paying your bills up to the point of Covid. who are the parties, who recommended surgery and when, has a lawsuit been filed, etc.?

If you have any...
Read more »

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1 Answer | Asked in Traffic Tickets, Car Accidents and Sexual Harassment for New Jersey on
Q: Can I sue?

I was recently just on a zoom meeting for a court case dealing with my reckless driving. And during the court case there a bunch of other people on the meet with their own cases. And one if the men showed himself going to the bathroom on camera and his private parts were showing. I am also 17 years... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 10, 2022

If you saw it the court probably saw it and will probably take care of the matter for you by reporting it to the police.

1 Answer | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: Does signing over the title to a tow yard cover the tow fees as well as impound fees in nj also
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 19, 2021

Not always. It really depends on what the salvage value is and what they get for it. Read the fine print of anything they give you as it should explain what you may be liable for once you give them title. Make sure to get your plates back

1 Answer | Asked in Car Accidents for New Jersey on
Q: I am a new driver and I was involved in a minor accident but I left because I was scared.

I got my license a month before the accident. I bumped the parked car while trying to park but I only noticed the fog light came off but my car had no damage because I did not hit the car hard. I was scared and panicked because I didn’t know what to do in that situation and no one was around so I... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 8, 2021

If you have been charged with leaving the scene of an accident, which sounds like you have. I suggest that you immediately set up one of the free in office consultations that most of us criminal/traffic ticket lawyers offer. You will be facing up to 30 days in jail, loss of your license for 6... Read more »

4 Answers | Asked in Car Accidents for New Jersey on
Q: Was n a hit and run accident how long it takes to receive any status

I was hit by a Mack truck I was a backseat passenger in vehicle it was a hit and run if the driver has insurance. Who do i sue how long does the process take to get a lawsuit

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2021

I'm sorry for your accident. I hope you're okay. From your description, it sounds like the vehicle that hit you may have been identified - and without more details, it sounds like that would be the primary defendant. In terms of how long the process takes, it could depend on details not... Read more »

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2 Answers | Asked in Car Accidents for New Jersey on
Q: 39:4-129 Action in case of accident. insurance was notified immediately after the accident. is this still offence
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jul 26, 2021

Yes, the statute you cited requires you to notify the police. The fact that you notified your insurance company is not considered in regards to a violation of this statute. If you are charged with this offense, I suggest that you hire a good lawyer as you're looking at the possibility of jail... Read more »

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