Legal Question in Civil Litigation in New Jersey
Possible small claims court case
My husband was involved in a motor vehicle accident. The other driver ran a stop sign and was issued a summons. My hsband sustained no permanent injuries. There was over $5,000 damage to his car; insurance will only cover $3,000; leaving us with a balance of $2,000 in repairs, out of pocket. Can we take the responsible party to small claims court for this out of pocket expense?
2 Answers from Attorneys
Re: Possible small claims court case
yes.That is your best recourse, however, if youo signed a release in order to get the money, you may be barred.
Re: Possible small claims court case
Yes you can take the other driver and/or owner of the other car to Small Claims court. However, you should contact the other driver's insurance and ask them for reimbursement. If that fails, your insurance company should provide you with the necessary information for you to proceed against the other driver (subrogation release - it's the clause in your policy that gives the insurance company the right to take action on its own and sue the other driver/insurance company for paying your claim). Good Luck.
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