Should I get an attorney in New York or New Jersey

Asked 8 months ago - 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

Attorney answers (9)

  1. Craig A. Post

    Contributor Level 17

    17

    Lawyers agree

    Answered . 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.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  2. Jeffrey Mark Adams

    Contributor Level 20

    15

    Lawyers agree

    Answered . 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... more
  3. Eric Edward Rothstein

    Contributor Level 20

    13

    Lawyers agree

    Answered . 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... more
  4. Mitchell Jan Birzon

    Pro

    Contributor Level 13

    13

    Lawyers agree

    Answered . 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... more
  5. Brian Curtis Pascale

    Pro

    Contributor Level 18

    12

    Lawyers agree

    Answered . 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... more
  6. C. Donald Briggs III

    Pro

    Contributor Level 20

    13

    Lawyers agree

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

  7. Michael T Warshaw

    Contributor Level 17

    13

    Lawyers agree

    Answered . 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... more
  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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)
  9. Charles Crane DeStefano

    Contributor Level 6

    3

    Lawyers agree

    Answered . 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... more

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