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Accident report unable to determine fault of accident, $3000 worth of damage, how do I pursue if insurance denies claim?

Piscataway, NJ |

I was struck on a highway by another driver who left the scene of the accident then reported the accident from home. I stayed on the scene and called law enforcement. Report reads inconclusive due to opposite statements. I only have liability insurance and his insurance is trying to fight my claim. Now how do I pursue this? It was his fault and he left the scene! Yet still trooper was unable to determine who's fault it was. Should I get my car fixed then take him to court? Or wait to see what insurance says?

Attorney Answers 6


  1. Obtain a consult with a personal injury attorney. Looks like you need to get the car fixed now. Take pictures before the vehicle is fixed.

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm


  2. I would agree contact and consult with a local personal injury attorney.


  3. You may have to take the other driver to small claims court. If his insurance is trying to fight your claim, then I don think waiting to see what the insurance says, as they have already said.
    Best of Luck

    Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com


  4. A car accident lawyer in your city can pursue. Use Avvo's "find a lawyer" tool.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  5. You also have the right to file a ticket against the other driver for leaving the scene and for careless driving.

    This answer is not a substitute for legal advice. You are advised to consult an attorney for legal advice. This answer does not create an attorney client relationship.


  6. Special Civil Part = Small claims court in New Jersey. You can hire an attorney, however; you may have trouble finding one that is cost-effecient to help you for this amount of money. You can also file a Complaint Pro Se. There are many tools online at the New Jersey Judiciary website. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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