Car accident trying to sue

Asked 6 months ago - Newark, NJ

I was involved in a small fender bender. No one was hurt. Police report was in my favor saying the other driver state he hit my car because of slidding on ice. Now his insurance company is denying the claim staating their driver is changing his story and said he never told the cop anything. Now if i retain a lawyer can the other insuranc epay for my attorney. The damage is with rental car is about 1200.. my deductible is high so i dont want to go through my insurance. Can the other insurance comany pay for my lawyer fees.

Attorney answers (8)

  1. Michael L Pescatore

    Contributor Level 14

    8

    Lawyers agree

    Answered . No as to attorney's fees Judges rarely, if ever, award them. If you dont want to go thru your insurance, you have to sue the other driver in small claims coiurt for the rental property damage....

    Do NOT rely on this answer as the information provided here is not legal advice nor is it a substitute for legal... more
  2. Jerome A. Konkel

    Pro

    Contributor Level 13

    9

    Lawyers agree

    Answered . No. you will pay your own legal fees. If you do submit this to your insurance company, they will likely pursue the other driver and his insurance carrier for what they have to pay you including paying you back for your deductible. You can also take this directly to small claims court yourself.

  3. Dennis Wayne Tackett

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . The answer is no. Unless there is something very unusual with the facts of the case. If you are not injured, then you need to go to court and sue the other driver.

  4. John L. Schroeder

    Contributor Level 18

    7

    Lawyers agree

    Answered . You are responsible for your own attorney's fees, which is usually a contingent fee typically 1/3 of the settlement. Your best bet is to go through your own collision coverage. Your company will subrogate against the other party and make claim for your deductible as well,. Good luck.

  5. William C Popjoy III

    Contributor Level 7

    2

    Lawyers agree

    Answered . Unfortunately, in the absense of a specific statute allowing for the award of counsel fees to a successful litigant, the general rule is that you must pay your own legal fees. Even though your deductible is high, I would recomend going through your own insurance company. Your vehicle will be repaired, and then your insurance company will look to recover its losses, and your dedcutible, from the adverse driver's insurance company. Many insurance companies in New Jersey belong to an inter-company arbitration program for this type of case. If successful, your insurance company, in addition to recouping its own losses, will also recover your deductible at no additional cost to you.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Just take it to small claims court...........

  7. Andrew Michael Kusnirik III

    Pro

    Contributor Level 3

    Answered . Attorney fees are generally not awarded in cases of this nature. A lawyer in your area may consider taking the case on a contingency.

  8. L. Vincent Ramunno

    Contributor Level 14

    Answered . If other party is trying to sue you, begin by reporting it to tour insurance company.

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