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New Jersey Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents, Contracts and Insurance Bad Faith for New Jersey on
Q: I bought a used car with Gap insurance included in contract from Demaio Holdings 1, and a day later, was totaled

The dealership will not provide me with info on who to file a gap coverage claim with. The car was paid off by my insurance company but for $2k.

Morris Leo Greb
Morris Leo Greb answered on Apr 8, 2021

Retain an attorney to represent you both with demanding documentation, proof that dealer forwarded premium to the carrier, and to determine whether dealer is an unlicensed vendor of insurance.

1 Answer | Asked in Car Accidents for New Jersey on
Q: I didn’t know that my insurance was canceled and totaled my car got it reinstalled have full coverage what do I do

I put in a claim because I was told if I didn’t I could get in trouble but I have Collion and comprehensive coverage?

Tim Akpinar
Tim Akpinar answered on Jan 10, 2021

I hope you are okay after the accident. Covering the loss could be up to your insurance carrier - in these settings, it's generally their call. Some carriers might honor the claim and some might deny it. The carrier will likely review its records to see how many times bills were sent out, how... Read more »

2 Answers | Asked in Car Accidents for New Jersey on
Q: Someone hit my car and leave, but a person that saw the accident leave a note for me with the car description.

Can I use a anonymous note as a proof?

Stuart Nachbar
Stuart Nachbar answered on Dec 31, 2020

I recommend that you file a Police Report and give the Police the note and let them decide what to do in terms of charging the person (driver). The unknown driver could be liable for the damages to your car as well as leaving the scene of an accident.

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1 Answer | Asked in Car Accidents for New Jersey on
Q: collided with driver when backing out of parking spot. other driver was on wrong side of street. who is at fault.

although there was no lane marking, the other driver violated

NJ 39:4-82. Keeping to right

"Upon all highways of sufficient width, except upon one-way streets, the driver of a vehicle shall drive it on the right half of the roadway. He shall drive a vehicle as closely as... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 17, 2020

That is up to the judge, but 9.9 out of 10 times it will be the person backing up.

1 Answer | Asked in Car Accidents for New Jersey on
Q: Driver hit parked car the police suspected it was distracted driving, but the report does not say that, should I hire
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 30, 2020

If you got a ticket for an offense with points, I would suggest hiring a lawyer. Most of us traffic ticket lawyers offer a free in office consultation.

2 Answers | Asked in Car Accidents for New Jersey on
Q: I have a document from the court with my judgement. The lawyer that handled it said I now wait for payment from uninsure

Lawyer said I have to wait for uninsured motorist fund to cut me a check. Basically told me i was on a list and when my number comes my settlement comes.

The judge awarded me 27,000.

I have been waiting forever and I was hoping I could do one of those "it's my money and I need it now" places

Gerald D. Siegel
Gerald D. Siegel answered on Nov 16, 2020

I have never heard of such a thing that "your check will be cut when your number comes up."

In NJ, the practice is that the insurance company has to send the check within 30 days.

I think you should request an explanation in writing from your attorney as to what happenmded...
Read more »

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1 Answer | Asked in Car Accidents for New Jersey on
Q: I was awarded a settlement in an uninsured motorist case, how do I get my money? Are there places that buy the settlemet
Gerald D. Siegel
Gerald D. Siegel answered on Nov 16, 2020

Did you get your uninsured motorist settlement as a "structured settlement"?

1 Answer | Asked in Car Accidents, Insurance Defense and Small Claims for New Jersey on
Q: I got into an accident 19 months ago and have just received a bill for $4200 and I have no way of paying it

I am a college student, at the scene of the accident they drove off with minimal damage to their vehicle and the police report says minimal damage.

Gerald D. Siegel
Gerald D. Siegel answered on Nov 3, 2020

If you had laibility insruance at the time of the accident, turn this demand over to them.

If you did not have liability insurance at the time, you should speak with a lawyer about your rights.

1 Answer | Asked in Car Accidents and Small Claims for New Jersey on
Q: I was parked in parking space at 7-11 store Jackson NJ. while I was in store the vehicle next to me was backing up

The kid didn't have their door closed & it buckled my rear passenger door and did damage to the handle. She then pulled forward so the kid could close the door- and was continuing to back out. I then came out of the store and saw the damage. The driver replied to me" there is nothing... Read more »

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

If the police refuse to file a report at the scene you can go to the station and tell them you want to file an accident report and they should give you a form.

2 Answers | Asked in Car Accidents for New Jersey on
Q: someone hit my parked car

someone hit my parked car on june 22nd 2020 and their insurance company wrote my car off as a total loss, but is giving me next to nothing for my car. Should I hire a lawyer to get more money out of them?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 10, 2020

The answer really depends on the value of the car, because remember you will need to pay the lawyer for his time and that could be more expensive.

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1 Answer | Asked in Car Accidents and Criminal Law for New Jersey on
Q: Does 2C:12-1.1 state that a person can be convicted for both agg. assault and assault by auto with 2 separate sentences?

"If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1."

I just want to clarify if this means that the defendant can be charged for both of these... Read more »

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

More information is needed however, Generally a good lawyer can prevent a conviction on all of these charges and only have you plead to 1 or 2 out of 4, if you are in fact guilty of the crime. But everything depends on the facts of the case. If you don't have a lawyer get one as your looking... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for New Jersey on
Q: Can you sue for lost wages if you need to take the day off to deal with all the accident related issues?

A car slammed into me I wasn’t hurt but my daughter went to the ER with a neck sprain now I have to take the day off to take her to the doctor and deal with the adjusters and everything because I’m a full time healthcare worker and don’t have the time to be doing these things at work

Tim Akpinar
Tim Akpinar answered on Jul 13, 2020

Not generally. I'm sorry for your frustration and inconvenience, but lost wages are based on injury or disability. Good luck to you and your daughter for a good recovery from her injuries.

Tim Akpinar

4 Answers | Asked in Car Accidents, Personal Injury and Small Claims for New Jersey on
Q: When I was under the car, One of scissors jack suddenly broke down and my car came down on my arm.

When I was under my car, one of scissors jack suddenly broke down and my car came down on my arm. I got injured I can barely move my arm. Do you think I can sue this scissors jack company? If so, do I need a police report and receipt when I purchased?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 5, 2020

Yes you can sue the scissor jack company. First get medical attention and make sure you tell them how you injured your arm. Then, Immediately contact a good lawyer.

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2 Answers | Asked in Car Accidents for New Jersey on
Q: Is my employer liable if my car window was damaged by a ball while parked in the employee lot during my school work day?

My car was parked in the employee lot at the school where I work. After school was done for students, but I was still working, my car window was broken by students playing on the ball field next to the parking lot. My insurance covered all but my 100.00 deductible. I put in a claim through the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 30, 2020

We are not supposed to give you specific legal advise on this site, but I would tend to agree with the insurance company.

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2 Answers | Asked in Car Accidents for New Jersey on
Q: Are you still liable for a car accident if the other driver doesn’t call the police.

After hitting another car , they requested not to call the police and left the scene. My car has no damage but the other drivers car has minor damages . Can she sue me after ?

Gerald D. Siegel
Gerald D. Siegel answered on Jun 11, 2020

One can easily be liable without calling the police. I'm not sure from the description if you were innocent or at fault, but it is best to report this accident to your insurgence company.

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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.

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