Skip to main content

Does he have a strong case to take me to small court?

Orange, NJ |

I had a car accident a couple of months ago and I was in 100% fault. The other driver had body damage to his car. My car insurance, only paid 40% of the other driver’s damages. His car is 12 years old. It seems to me that the car insurance did some depreciation calculation on his car and that’s why they are paying such a low amount. The other driver has contacted me, explaining the hard time he is having with my insurance and everything he has done to get paid for the damages. He is a very polite gentleman and he stated that taking me to court is his last option, but he is determine to get the full money to cover the bodyshop estimates he received. I understand his point that the money paid by the insurance company is so low that any bodyshop will do a half ass job to repair his car if the

+ Read More

Attorney answers 4

Best Answer
Posted

New Jersey has no-fault insurance. You should do everything through your insurance company. Very unlikely that he can sue for this, but ask the insurance company whether they will provide a lawyer if he does sue.

This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.

Asker

Posted

Thank you for your help. The term "no-fault" usually pertains only to coverage relating to personal injury, and does not include coverage for property damage. Also New Jersey, gives residents the choice of picking no-fault insurance or opting out in favor of "full tort" coverage. Am I right? Please correct me.

William J Popovich

William J Popovich

Posted

"no-fault" affects the payments and 99 percent of NJ insured choose the lower payments which takes away their right to sue. Do everything through your insurance company and ask them what coverage he had, and whether he can sue you for property damage.

Asker

Posted

Thank you for your prompt explanation. The other driver is a Tennessee resident, although he has a property in NJ and the car I hit had a NJ plate. He only has liability. Does he even fall under the No-Fault rule? I have been in touch with the Property Damage Representative of my car insurance. I couldn't get any firm answer from the rep. I asked them the big questions, if the other driver can sue me for damage and their response was to talk to an attorney. They state that they have done everything according to their company's regulation.

William J Popovich

William J Popovich

Posted

There are rules for how out-of-state drivers fall under this. For how his being a Tennessee driver affects you, check with your insurance company. They will explain the steps they take for you and what to do if you are sued.

Posted

Simply turn it over to your insurance company to resolve if he does.

Posted

When he sues you turn case over to your insurance company.

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.

Asker

Posted

Thank you for your comment. My plan was to do the same. The problem is that the insurance company told me that they might come to court to support me, but they can't make any promises and even are not obligated. Do they have the right not to come to court to support their NJ insurer?

Posted

In the event that the person files a lawsuit against you, I would immediately forward the Complaint to your insurance agent and/or insurance company directly. Your insurance company would then retain an attorney with no charge to you and the attorney would defend you in the court case. Best of luck to you.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer