My 2000 Honda Civic car was hit by one 24 year old indian girl on 01/26/17 in iselin, NJ. That girl got careless driving, No registration card tickets. I called her insurance company for repair/rental car but she did not have any insurance on that day. She did not appear on the court for her 2 tickets. She got 3rd ticket for No liability insurance. I called the woodbridge court and they have sent me summons to appear on the court to witness and explain the incident. She has one address on driving LIC and other on insurance card so they are unable to get hold of her. Can I file small claims court case? what are my winning points or what should I say to judge when I talk in the court? I did not claim any personal injury claim so far and had to suffer with headache, back and neck pain from last one month with home remedies. I had to incur expenses to get another car and take loan. For my auto damage and mental stress and inconvenience into my routine life can I get anything?
Your inconvenience and unnecessary comments are not compensable. Always speak with an attorney.
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
You cannot sue for mental stress, inconvenience or anything but the value of your car which on KBB.com for an average condition 2000 civic is about 700 dollars if totaled. Put your injuries through your own insurance.
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.
You are not getting anything at her traffic court hearing. That hearing has nothing to do with your damages or payment for that damage. You are being called as a witness to testify to the happenstance of the collision.
You can inform the judge about the problems you have had in establishing any insurance coverage for her. That testimony will go to the charge against her for driving without liability insurance. You need to contact a civil attorney about your own personal injuries.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on Avvo.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. 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 timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Go to your own insurance company for all of your claims. You have Uninsured Motorist Coverage on you policy which will step in for the uninsured driver. This is available for property damage as well as personal injury. If you require a physician you should have PIP coverage on your policy which would pay for your medical bills, but there is probably a deductible and co-pay.
As far as what you should say at court, you will first speak with the prosecutor and if necessary testify. Just answer the questions truthfully.
First, I'm sorry that this happened to you. You mention that you have experienced headache and neck and back pain since the accident, but it sounds like you still haven't seen a doctor. If that is the case, please seek medical care as soon as possible. Your own auto insurance will typically be responsible for the medical bills, minus your deductible and copays, so you need to open a claim for medical benefits with your insurance company. By not seeing a doctor, not only are you hurting your chances of recovering by not seeking treatment, but you are also allowing your injuries to go undocumented. This will hurt any chance of you getting compensation. One thing you should be aware of is that a civil claim is different than the criminal charges that the other driver is facing. You will not get any compensation from this appearance in court. If you want to seek compensation for your injuries and any other damages you have suffered, then you need to pursue a personal injury claim (and, since the other driver appears to be uninsured, you will most likely need to make a claim against your own uninsured motorist coverage). Most attorneys offer free consultations and handle auto accident claims on a no-win, no-fee basis, so it shouldn't cost you anything at all to speak to a lawyer or anything upfront to retain one. I hope this information helps. Best of luck.
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