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New Jersey Car Accidents Questions & Answers
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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.

5 Answers | 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... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 3, 2019

Generally you have two years in which to bring an action for your personal injuries.

However that time can be shortened for example if a government entity is involved. You should never wait to seek out the assistance of a good lawyer, the sooner a lawyer get started on the case the more he...
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2 Answers | Asked in Car Accidents and Traffic Tickets for New Jersey on
Q: Was cited for careless driving for an auto accident I was involved in. What does the state have to prove to convict?

The case is several years old and the cop did not witness the accident. Would the witnesses listed in the police report be required to testify or would the courts rely on the police report as evidence for trial. The reason I ask about that is the where the location of the witnesses live and would... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 8, 2019

All the state needs is the police officer who came to the scene it's called accident reconstruction they do not necessarily need the witnesses unless they feel they have a week case. As for proof all they have to show is that you drove without due caution or circumspection so for example... View More

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1 Answer | Asked in Car Accidents, Products Liability and Small Claims for New Jersey on
Q: If a company school van hit and scratched my mirror on my van while I was parked what claim should I choose.
Tim Akpinar
Tim Akpinar
answered on May 27, 2019

It could be handled as a property damage claim against the bus company. Or it could possibly be handled as a first-party claim through your own carrier, depending on your policy. However, if it is a minor matter (you describe it as a scratch), it's possible it might not pass the threshold for... View More

3 Answers | Asked in Car Accidents and Personal Injury for New Jersey on
Q: What should you do if you have an under-aged minor involved in a car accident without a licences?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 20, 2019

More information is needed to properly answer your question, but if you were the injured one definitely seek out the assistance of a good lawyer the longer you wait the harder it will be to compensated for your injuries and at some point the statute of limitations will run and you will recover... View More

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1 Answer | Asked in Car Accidents and Traffic Tickets for New Jersey on
Q: Why am I just getting a notice about reexamination for my drivers license due to accidents that accured over a year ago
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 4, 2019

This is because the motor vehicle commission is notoriously slow, this is to your advantage as you were still driving.

2 Answers | Asked in Car Accidents for New Jersey on
Q: The car inspection in New Jersey will fail you if there is blind spot mirror attached to the exterior back mirror.

Is that right? It just does not make any sense.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 27, 2019

Unfortunately many of our laws don't make common sense.

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1 Answer | Asked in Car Accidents and Personal Injury for New Jersey on
Q: If a person gets into a car accident with a parked car, how long does the owner of the parked car have to file a suit?

Insurances were called and a claim was settled

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 5, 2019

More information would be needed, but generally its up to 2 years, but it can be shorter even up to only 90 days depending on who you hit. Speak to a lawyer so you know exactly how long you have, because if you wait too long you may lose the right to recovery any monetary damages.

3 Answers | Asked in Car Accidents for New Jersey on
Q: Can a tow truck company tow a vehicle after an accident without consent from car owner? If the vehicle is drivable?

I was in an accident this morning and was rushed to the hospital. My vehicle was left on the side of the road where the accident took place. It was in front of someones house after being ran off the road by another driver. The police called a towing company into action, without consent and now my... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 20, 2019

Its called public safety, but you have would have to examine/review the statues in your town to be sure.

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1 Answer | Asked in Car Accidents for New Jersey on
Q: What can any one do with Driver license photo over the mobile phone? on parking lot augment?

Yesterday, near East Hanover, NJ, in one of the shopping complex parking lot, my car door touched the other car parked, other car owner simply started arguing saying there are scratches due to my car door touch, i said it is nit due to my car door touch, then he stared saying my self i am cop and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 4, 2019

You should report the accident to the police, the fact that the other person copied your drivers license is not big deal in all honesty, because most of that information is a public record anyway.

1 Answer | Asked in Car Accidents for New Jersey on
Q: Issued summons under 39:4-130 by NJ police- someone claimed that her car was hit by mine even though it was stationary

I parked my car at my office parking and was at work all day. I came back to my car to find a summons under 39:4-130 issued by NJ police on the dashboard. In the case report, someone claimed that her car was hit by mine even though my car was stationary (had not moved) in the entire time she... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 22, 2018

You need to plead not guilty and contest the ticket at court. If you had gotten a ticket for 39:4-129 (leaving scene of accident) I would have told you to definitely hire a lawyer as you could face jail time, this one only hire a lawyer if having a clean license is really important to you, however... View More

1 Answer | Asked in Public Benefits and Car Accidents for New Jersey on
Q: Are their any active red light cameras in the state of New Jersey, if not would that mean it is impossible to be given

If not would that mean it is impossible to get a red light ticket through the mail in NJ and you can only get one from being pulled over directly.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 18, 2018

red light cameras have been outlawed that automatically give you tickets but Amber still exist on red lights which cops can see an issue you a ticket by mail.

3 Answers | Asked in Car Accidents for New Jersey on
Q: I was backing out my driveway &this car was parked but the front of his car was sticking out of my driveway.whos fault?

Who’s fault is it

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 29, 2018

The answer depends on what a judge or jury would determine my guess it would be the fault of the person backing up.

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1 Answer | Asked in Car Accidents for New Jersey on
Q: I am a teacher and school workers hit my vehicle and damaged it while it was unattended, they say they are not liable?

they said due to title 59

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2018

Of course they are liable. File a claim with your insurance company and let them handle it. Good luck.

1 Answer | Asked in Car Accidents for New Jersey on
Q: A nother driver totaled my car while parked, now she is claiming vehicle malfunction so her insurance or mine wont pay

I only had liability insurance so my insurance won't pay either...

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 28, 2018

I suggest hiring a lawyer but it may cost more for the lawyer than what you will recover.

1 Answer | Asked in Car Accidents for New Jersey on
Q: How to obtain insurance € claim# being passenger on truck accident. Driver and owner not giving.with police just in 7d
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 29, 2018

You will probably have to bring a lawsuit to do this if the accident was never reported

2 Answers | Asked in Personal Injury, Car Accidents and Child Support for New Jersey on
Q: I'm getting a lawsuit for over 100k, and I owe $2k in arrears. Can child support take anything besides what I owe in NJ

I pay weekly payments, and paying towards the arrears per week also.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2018

Usually they cannot. But if you have a history of non-payment, your former spouse can seek to have a certain amount held in trust rather than paid to you.

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1 Answer | Asked in Traffic Tickets, Car Accidents and Civil Litigation for New Jersey on
Q: Accidentally went forward into someones house, no damage on house or car, left. Can I get in trouble?

Lady claims she filed a report (has a witness that saw it happen), and got my address from the report, appeared on my doorstep saying I had a day or two to call her and work something out.

Will I get in trouble for anything?

Is it legal for her to obtain my address and show up... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 31, 2018

We can't answer all of your questions as we don't know the answer to why you were never contacted if a report was made, other than to say it still may happen and the police have up to 1 year to send you a ticket for certain offenses (most 30 days but some like leaving the scene of an... View More

1 Answer | Asked in Car Accidents for New Jersey on
Q: Is the at fault party responsible to pay for a rental car?

I am a resident of NJ, and my car was hit from behind in Philadelphia by a SEPTA trolley while I was stopped at a red light. My car will take over 2 weeks to be repaired. I do not have rental car coverage on my policy, but my understanding is that my insurance company will submit the bill to... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2018

Sorry, under Pennsylvania law they only have to give you the compact. See if your Tesla dealer will give you a loaner would be the best bet.

However if you had injuries you have an injury claim. Feel free to call a member of the Pennsylvania Association for Justice. We give free consults...
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