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New Jersey Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents for New Jersey on
Q: Car insurance company is forcing high premium for deceased spouse’s car accidents.

Mother-in-law is paying higher premium with car insurance because car insurance is claiming that she is responsible for her deceased husband’s car accidents. How is this fair? She was not the driver responsible causing these accidents.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 22, 2020

Not fair but you can always try another insurance company if you don't like the rates you're getting

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2 Answers | Asked in Car Accidents for New Jersey on
Q: My teenage son took my car and he had a fender bender. No damage to her car but didn’t take pictures can we be liable?

NJ CAR ACCIDENT

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 6, 2020

Yes you can be liable for any damage as the owner of the car.

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6 Answers | Asked in Personal Injury and Car Accidents for New Jersey on
Q: My teenaged daughter took my car and hit another car. The woman is now suing us. Can I get a public defender?
Stuart Nachbar
Stuart Nachbar answered on Apr 23, 2020

You do not indicate if you are being sued civilly or criminally. You may qualify for a public defender for a criminal matter but not a civil matter. If it is a civil matter, just turn the papers over to your insurance company which should provide you with counsel. If criminal, ask the court for a... Read more »

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2 Answers | Asked in Criminal Law, Traffic Tickets and Car Accidents for New Jersey on
Q: Hello I am reviewing the statute 39:4-97.5. I am struggling to understand it. Any chance you can provide an example?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 14, 2020

It came about because some towns enacted laws against cell phone use such as Marlboro NJ and this law made it so that the state law would be the controlling law.

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1 Answer | Asked in Car Accidents and Insurance Defense for New Jersey on
Q: Njpliga is trying to contact me about a hit and run that happened over 2 years ago which i never knew about. Wasnt me

I never got to accident wasnt me in car never gave anyone permission dont know how this could have happened.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 8, 2020

If it was your car that was involved in the accident there generally is a presumption that you were the one driving unless you can prove otherwise. I suggest hiring a good lawyer.

3 Answers | Asked in Car Accidents for New Jersey on
Q: Is it worth getting a lawyer for an accident I was in where the other insurance has accepted responsibility

The other driver was under the influence, backed into me, I was diagnosed with concussion and have had some back pain since. They have already offered 1100.

Stuart Nachbar
Stuart Nachbar answered on Feb 22, 2020

If you have seriously been diagnosed with a concussion from a medical doctor and you have back pain, I recommend getting to a doctor and a lawyer and not accept $1,100.00 .

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3 Answers | Asked in Car Accidents and Traffic Tickets for New Jersey on
Q: I am Truck driver and I hit a parked truck at the receiving parking lot with no driver in the other truck.

The parked truck was in my blind spot but later the other driver came to the scene and called the cops and they gave me a careless driving ticket. Should I fight it

Eric Aretsky, Esq.
Eric Aretsky, Esq. answered on Feb 18, 2020

Hi,

Yes, you should retain an experienced traffic ticket lawyer to represent you. A lawyer may be able to prevent points being assessed against your license. Our traffic ticket lawyers are available to assist you.

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1 Answer | Asked in Car Accidents and Traffic Tickets for New Jersey on
Q: Can police give a ticket to a CMV for restricted road by mail with only pics of the truck?(no road signs in picture)

Truck is pictured on this restricted road, although truck had a delivery on this road. The witness claims truck was involved in an accident with a parked car but there is no evidence of this other than car damage photos and the truck on this road. The truck shows no damage whatsoever, The picture... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 15, 2020

The restricted road sign is the least of your worries. The big problem is the leaving the scene of an accident charge. Because even if no damage existed to your vehicle it does not mean that no damage was on the lighter Vehicle simple physics tells you that. A leaving the scene of an accident... Read more »

2 Answers | Asked in Car Accidents for New Jersey on
Q: Can one serving time for a car accident that killed 3 of his passengers after serving 12 years be released to a program?

Or release under supervision, or life parol. Maybe some type of half way facility) with time already served

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 12, 2020

Unfortunately only the person's lawyer could truly answer this question without reading the client file

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2 Answers | Asked in Car Accidents for New Jersey on
Q: Can I be cited for a hit and run after a car mirror tapped another with no damage?

A car was parked in the middle of the street, I beeped and the car didn’t move so I went past the car. Going 2 mph I squeezed through the car and the other car however my mirror tapped her mirror with no damage. I continued to drive being there was no damage. Can the person have me cited for a... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 4, 2020

Possibly and that is up to a judge. For example in NJ an accident requires damage and if $250.00 or more damage occurs by law if you did not report it you are presumed to have knowledge of the accident and can be issued a ticket for leaving the scene of an accident. $250.00 is a very low... Read more »

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2 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for New Jersey on
Q: I live in Florida and separated spouse took a vehicle I owned out of state (NJ)...allowed another person to drive

I live in Florida and separated spouse took a vehicle I owned out of state (NJ)...allowed another person to drive... had an accident... the injured party is suing...my name is listed...as a potential defendant because the vehicle was registered to me...I have about 30 days to respond.

Paul J. Riviere
Paul J. Riviere answered on Dec 19, 2019

Call your insurance company and let them know you are being sued. They will most likely assign you counsel. If the vehicle was uninsured you will have to get counsel on your own and to defend against the lawsuit.

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3 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for New Jersey on
Q: hi i have a questionabout car insurance
Leonard R. Boyer
Leonard R. Boyer answered on Dec 12, 2019

There is no listed question, so please include it.

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1 Answer | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: I drove through a road closed zone what kind of ticket will I get

I drove through a closed road zone on the highway

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 3, 2019

It technically could be several tickets from driving on a closed road to careless driving for not noticing the road was closed. If charged get a lawyer most of us offer free in office consultations.

1 Answer | Asked in Car Accidents for New Jersey on
Q: is it legal to park on the side of a street right next to a stop sign

I was driving down a street heading to a intersection. I saw a parked car next to the stop sign that was at the intersection. So I went around the car to get to the stop sign and then I felt an impact the other driver said he was parked and then he might have started to drive he doesn't... Read more »

Stuart Nachbar
Stuart Nachbar answered on Nov 21, 2019

39:4-138. Except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic or police officer or traffic sign or signal, no operator of a vehicle shall stand or park the vehicle in any of the following places:

a.Within an intersection;...
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1 Answer | Asked in Car Accidents for New Jersey on
Q: how long do I have to file a claim with a former employer for an auto accident I was in while working with them
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 9, 2019

More information is needed but generally you have two years but that would also depend on who your employer is so speak to a lawyer.

2 Answers | Asked in Car Accidents for New Jersey on
Q: Who is at fault when someone opens their door onto oncoming traffic and an accident occurs?

I was driving down a street when out of nowhere a man opened his door and it was too late for me to respond so I struck it. I parked my car to check it out and we called the police. A few minutes later his wife comes down and the first thing she says is “is that what the noise was?” When the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 4, 2019

You can always ask the police officer to change the police report but other than that there's not much you can do. Hiring a lawyer would cost more than what you would save.

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1 Answer | Asked in Car Accidents for New Jersey on
Q: I got two tickets for careless driving. hit ceiling (1) and backed out and hit car bumper. (2) do I get points for each

I was driving a rented cargo van

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 26, 2019

Yes you get a conviction and points for each for a total of 4 points. Get yourself a good lawyer and you can probably get rid of one of the tickets or maybe even all the points. Insurance companies hate this ticket so you would be wise to fight them. Most of us traffic ticket lawyers offer a... Read more »

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for New Jersey on
Q: I hit a cyclist and didn’t make a police report. He is now claiming hit and run with body and property damage.

I hit a cyclist stopped my car and checked he was ok. He was fine just complained bike was damaged. No police called I didn’t make any police report. I now received a hit and run letter from a lawyer claiming property damage. What do I do. The cyclist came out in front of me on a roundabout.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 24, 2019

If charged by the police get yourself a good Criminal lawyer you will be facing loss of your license and jail time. If not charged but just received a letter from a lawyer notify your insurance company.

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1 Answer | Asked in Car Accidents for New Jersey on
Q: Does 39:5-51 and being a victim in a motor vehicle accident give grounds for pursuing legal action?

For example, if another driver was at fault, is the victim allowed to show up to court to press charges. Is the victim allowed to press charges based off the fact that they were attending work, missed out on hours, suffered injury, emotional distress and a loss of their vehicle.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 21, 2019

If you're looking to press charges for example in municipal Court you do not get money. If you're looking to get money and wages back you need to file a civil lawsuit in civil court. I suggest hiring a good lawyer if you're looking to do this, most of us offer a free in office consultation.

1 Answer | Asked in Car Accidents and Personal Injury for New Jersey on
Q: I was injured in an auto accident on January 7, 2019, It was clearly not my fault, as indicated in the police report.

The other driver's insurance company has been contacting me nearly every week to settle the matter for $3,000. He tells me that I do not have much time left. I have a spinal cord injury which, although not too serious, has left me in pain to this day. What should I do and how much time do I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 11, 2019

If you have a wreck and it happened in 2019, this year, you have 2 years so the guy was full of baloney.

Contact a member of the NJ Assn for Justice. If you don't have the names of any, let me know by phone and I can put you in touch with some.

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