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Should I get an attorney in New York or New Jersey

Brooklyn, NY |

I was involved in an car accident and I was rear ended from behind. The accident happened in New Jersey but I live in New York. This was my friends vehicle I was driving at the time and she has full coverage, she also resides in New Jersey. Her insurance company will not pay for my medical bills. I'm confused about what direction should I take

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Attorney answers 9


Retain counsel in New York and take it from there. Make sure the attorney knows that New Jersey has a shorter statute of limitations for automobile cases than New York does.

If this Answer was of assistance please mark it as "helpful." Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

Jeffrey Mark Adams

Jeffrey Mark Adams


Sound advise from a qualified attorney.


The final piece to the equation regarding where you may properly maintain suit will depend upon where the other vehicle (owner and/or operator) is from. Sorry to be blunt, but you are making a mistake by speaking with the insurance company. Contact qualified personal injury counsel. The bills portion of your incident, called "no-fault", can be maintained in either State. There are advantages and disadvantages either way. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

Brian C. Pascale

Brian C. Pascale


I agree. Never speak with the carrier yourself. They will hold it against you.


You should get a New Jersey lawyer or a New York lawyer who is also licensed to practice law in New Jersey.


In would consider an consulting with an attorney licensed in both NY and NJ as there may be venue, statute of limitations and no-fault considerations.

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Unless the other driver lives in New York any lawsuit will be in New Jersey. If you can find someone admitted in both states as I am that would be good.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


Your biggest problem is one of which jurisdiction to proceed in. If you don't have a car of your own, you will need to make a claim under the PIP coverage of your friend's insurance company. That is a NJ contract that will be governed by NJ PIP insurance law. For that you will need a NJ PIP lawyer. It appears, from your description that the accident was the other driver's fault. Unless the other driver is subject to NY jurisdiction, that will also be a NJ claim and one that will require a NJ Personal INjury lawyer. They may both be the same lawyer, but you need to contact someone soon and get the ball rolling. NJ has verbal threshold issues that you will also need to have resolved. Use find a lawyer feature to locate the lawyer(s) you need. In this case, I would also suggest that you look for a lawyer who has NJAJ and/or AAJ affiliation, as they usually specialize in this kind of case.

The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.


Assuming that the other driver was insured in NJ, then the case should be brought in NJ. If you are insured in NY you should see if your carrier would pay your medical bills under no-fault. You are best advised to consult with an experienced personal injury attorney in NJ before you do anything.

The responses provided to your questions are not legal advice, do not create any attorney client relationship, and are provided for informational purposes only.


Hello.............NJ. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee ( less than 30% so you don't get ripped off ). Good luck.

Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)


If the other driver was a New York resident, you my start a lawsuit in state court in New York . You may also have the option of suing in Federal Court in NJ if the defendant was a NJ resident.

Regarding No Fault = yes, you should consult with NJ counsel. The law is different regarding benefits in NJ versus NY.

Good luck!

This advice is not intended to create an attorney / client relationship, rather it is mere general advice. An attorney should always be contacted and legal matters should be discussed with a licensed attorney before taking any legal action, including a divorce.

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