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New Jersey Car Accidents Questions & Answers
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
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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
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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
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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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1 Answer | Asked in Car Accidents for New Jersey on
Q: I was involved in an accident while someone was driving the car i was in unlicesed with violation why do i have court
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jul 24, 2021

The answer would depend on what you were ticketed for. Since we do not know that it's impossible to answer your question

2 Answers | Asked in Car Accidents for New Jersey on
Q: what is the nj law.about leaving your parked vehicle door open when your not in the vehicle
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 10, 2021

The answer would depend on the reason why you are leaving your door open.

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1 Answer | Asked in Car Accidents for New Jersey on
Q: I was in hit and run in metuchen may 12th on way home from a vfw meeting a witness called 911 and said I swerved but the

Witness couldn't see why I swerved and I think 6 at no fault accidents isn't as bad as 6 at fault accidents. This was my only at fault accident. I assume that's what I am paying for car insurance

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 5, 2021

You need to ask your insurance company if they are charging you for the not at fault accidents as some insurance companies don't care who's at fault if you have several accidents on your record. You may want to compare prices with other insurance companies because insurance is insurance.

1 Answer | Asked in Car Accidents for New Jersey on
Q: Hello. I have had 6 not at fault driving accident. The 7th was my fault I swerved to avoid an animal hit an empty car,l

looked in all 3 mirrors and saw nothing in road, i preceeded home when a highland park officer asked me to call Metuchen PD which I did. They asked me to come there which I did. They said I hit a parked car on SB main street and there was a witness. They charged me with careless driving, hit and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 5, 2021

Your past record of accidents certainly is not good, but if you have a good lawyer on your side you have a great chance of saving your license and staying out of jail. Now whether the public defender will put the work in to do this is anyones guess as an attorney I can only speak as to what I... Read more »

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
PREMIUM
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
PREMIUM
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.

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