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New Jersey Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for New Jersey on
Q: Insurance co. waiting to accept liability in drunk driving case

Hello everyone,

A drunk driver hit my car a couple of weeks ago. It was a major accident. Police has the report which clearly says that the guy was drunk and is charged with 'Driving with Influence' and 'Reckless Driving' and that my car was parked and I wasn't even... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 14, 2017

You will probably have to sue the insurance company. The insurance company will probably not pay unless they are forced to pay as you are not their client you are a third party.

4 Answers | Asked in Car Accidents and DUI / DWI for New Jersey on
Q: Can a Police officer in NJ issue a DWI in a bar /Restaurant parking lot if the subject called 911 to report an accident.

Owner hit subjects vehicle and left the sene. Returning some minutes later. Owner lied and told Police that he was the one hit. He later offered the subject $250.00 for damaged, in front of officer. Subject was arrested and given a DWI. Subject never left the parking lot, Nor was subject... View More

Stuart Nachbar
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Stuart Nachbar
answered on Apr 27, 2017

Yes the officer can. There was a presumption of his driving, and the officer may have had a suspicion of intoxication

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1 Answer | Asked in Car Accidents for New Jersey on
Q: How can I get a statement from two Uber passengers who used my car that witnessed a pothole accident?

I drive for Uber, I hit a pothole in January and it cause some scratches and cracks on the bumper of the rental car I was using. I rent the car through the Enterprise/Uber Rental program to do Uber. There's a 1000 dollar deductible. The pothole damage cost me $529 I had to pay. To go after the... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 31, 2017

Only in a way that would be hugely expensive. You could file a court case, issue a subpoena to Uber, they would respond and likely fight to protect the privacy of passengers. However I don't know why your own testimony or affidavit won't suffice.

Look at the state...
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1 Answer | Asked in Car Accidents for New Jersey on
Q: Was involved in an accident that was not my fault, other party is 100% at fault, my vehicle has been damaged significant

Was involved in an accident that was not my fault, other party is 100% at fault, my vehicle has been damaged significantly. I have an injury lawyer but they do not handle the actual property damage to my vehicle. My vehicle was in excellent condition prior to the accident now damaged to the point... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 11, 2017

You need to make sure the mechanical issues were looked at when the car went in for the other work. Typically, you ask for a "supplemental." Next step if that doesn't work is filing a complaint with the insurance commissioner.

1 Answer | Asked in Car Accidents for New Jersey on
Q: my unlicensed 15yr old took my car and hit 2 parked cars. where do I go for free legal aide?
Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2017

Notify your insurance and let them handle it. Legal services doesn't get involved in car wrecks.

1 Answer | Asked in Car Accidents for New Jersey on
Q: My vehicle was rear ended while I was stopped at a red light now the Insurance company does not want to pay for repairs?

My vehicle was rear ended while I was stopped at a red light now the Insurance company does not want to pay for the complete repairs to my vehicle. What are my options for getting them to pay for the complete repairs. The other party is at 100% at fault, have police report to prove as well. Can I... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 18, 2017

First, if you have collision run it through that and let the insurance go after the guy. You say complete repairs--sounds like they think something is old damage. They don't have to fix old.

If you were hurt contact a member of the NJ Assn for Justice--they give consultations.

1 Answer | Asked in Car Accidents and Workers' Compensation for New Jersey on
Q: My personal injury case settled and the WC is pending. Do I have to pay back the settlement they give 42% plus the lein?

For example if workers comp gives me a settlement of 100k and my lein is 106k which has already been paid back by my personal injury case, do they also get back 2/3 of the 100k? Would it be 2/3 of 206k or the 100k settlement would not be included?

Peter N. Munsing
Peter N. Munsing
answered on Jan 8, 2017

Depends on what arrangements were made with comp.Suggest you sit down with your attorney(s) and discuss this in person.

2 Answers | Asked in Car Accidents for New Jersey on
Q: my new jersey drivers license is suspended due to unpaid surcharges. i was hit head on by someone DUI. can i sue them?

i was hospitalized for 5 days. my injuries included my ankle being shattered in 3 different places, fractured finger, lower back pain and i had surgery on my ankle needing screws to hold together

Leonard R. Boyer
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answered on Nov 18, 2016

To determine if you have the grounds for a lawsuit, you would need to meet with an attorney in person, to review all documents and the facts. Good luck.

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2 Answers | Asked in Small Claims and Car Accidents for New Jersey on
Q: Is a city liable if a city owned tree fell and damaged a vehicle ?

What if the city was notified that the tree was dead?

Leonard R. Boyer
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answered on Nov 4, 2016

It is possible, but more facts are necessary. If you need to retain counsel, you will at all times be reasonable for your own legal fees and court costs.

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1 Answer | Asked in DUI / DWI and Car Accidents for New Jersey on
Q: I was changed with a DUI and had my son in the car at the time, was wondering what the penalty for this is?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 4, 2016

The penalties will depend on several factors one is if you were just charged with the DWI then you will get the penalties based on whether this is a first, second or third offense. Penalties can be enhanced if you were in a school zone. Penalties can also be enhanced on a 1st offense based on the... View More

1 Answer | Asked in Consumer Law, Car Accidents and Collections for New Jersey on
Q: I have a Judgement by default that was entered 8yrs ago. It's an insurance company claiming 13k. I need legal advice.
Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2016

If they didn't renew it it may be beyond the statute of limitations. Contact a consumer attorney.

1 Answer | Asked in Car Accidents for New Jersey on
Q: Can the Medical coverage amount on an auto policy be disputed in NJ?

I was advised to seek an attorney's advice because although the insurance company may state a policy is covered up to 'x' amount, the insured still has the right to get all bills paid for until the claim is settled.

Peter N. Munsing
Peter N. Munsing
answered on Aug 29, 2016

That isn't coverage, which in NJ is a mandatory $250,000. What they are talking about is if the insurance company wants to stop your payments, then that can be contested and you can try to get them to pay. The limit would be the $250,000.

I suggest you contact a member of the NJ Assn...
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1 Answer | Asked in Car Accidents, Personal Injury and Traffic Tickets for New Jersey on
Q: A car at a green light failed to move. idk if they were on phone but def distracted. what is statute # in NJ?

Two young children under the age of 8 were in the car crawling all over a big tv and not secured. Regardless the car did not move when the light turned green and I slightly tapped it. now its I hurt her neck, her son, this that and the other. I just want to know statute number for distracted... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 8, 2016

Focus on looking at why you hit her. Not enough to say "I expected her to go." The insurance company will give you an attorney. Talk to him about it. Doesn't matter why she didn't go--that isn't really contributory fault. Let the insurance company lawyer handle it.

1 Answer | Asked in Car Accidents for New Jersey on
Q: I want to know if I would get into trouble if I cash this insurance claim check.

I was in an accident in 05/2015 when a guy totaled my car. He was under insured and he hit me into 2 other vehicles. My insurance said that I had under insured coverage and they would pay me and seek reimbursement from his insurance company. My insurance paid me for damages however, in May of... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 5, 2016

If your insurance paid you for the damages then you shouldn't have signed for a release for damages. If your car was totaled you may have a claim for your injuries. I suggest you contact a member of the NJ Association for Justice--they give free consultations. If you need the names of some... View More

1 Answer | Asked in Car Accidents for New Jersey on
Q: Auto accident involving business vehicle

My parents currently own a business. The delivery car was involved in an accident. The driver was not an employee, but the owner of the builder where my parent's business is located at. The car was registered under my father, and insured under the business.

The other driver is suing... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 4, 2016

Your parent's car insurance should take care of the claim. If there is an excess claim, their business may well have "umbrella coverage." Further the owner of the building's insurance would also cover.If your parents are being sued --ad there is a difference between a claim and... View More

1 Answer | Asked in Personal Injury and Car Accidents for New Jersey on
Q: i was involved in a car accident and it is under investigation for liability.the other driver was unlicensed.whos fault

The car she was driving is insured under her fathers name under a PA insurance company. Is she automatically at fault since she was unlicensed driver

David Alan Wolf
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David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2016

In most States, a driver is not automatically at fault for the crash because the driver did not have a driver's license. If the unlicensed driver is stopped at a stop light and then gets rear ended by another driver / vehicle, liability would be placed on the driver who rear ended the... View More

1 Answer | Asked in Car Accidents for New Jersey on
Q: Can I sue a driver/owner (18 yrs. old) insured under NJSA 39:6A-3.3 in small claims court?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2016

Yes, you can probably do so, but more facts are necessary to make that determination. Contact an attorney and have a consultation with the attorney. Good luck.

1 Answer | Asked in Car Accidents for New Jersey on
Q: my car is in an autoshop and i want to take it to another 1. The bank doesnt let them give me my car back until its fixe

The insurance said that i have the option to take it to any body shop i want. I did not make an agreement with this body shop to fix my car and I want it back to take it to another one. The person that took me to the body shop is the owner of the dealer where i got my car (friends with the owner of... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2016

Retain an experienced attorney to handle this matter and bring all your documents to the consultation. Good luck.

1 Answer | Asked in Personal Injury and Car Accidents for New Jersey on
Q: Gave verbal ok to settle a car accident claim, but now not happy with settled amount. Nothing has been signed..

Am I locked into this? Lawyer wants to file a motion to enforce this verbal settlement amount..

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2016

No attorney here is going to second guess your current attorney. You need to trust your attorney and direct all your questions to the attorney. If you cannot work out your differences, after making a serious effort to do so, you do have the right to change attorneys. Good luck.

1 Answer | Asked in Car Accidents for New Jersey on
Q: department of homeland security says they are going to revoke my license for an accident that i was not even driving

i did not even have a license at the time is that legal?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 24, 2015

More facts are needed to answer your question. However even with additional fact a lawyer would want to meet with you in person to answer this type of question. I suggest that you setup a consultation with a lawyer. Although this would not qualify for a free consultation, most lawyer like... View More

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