Legal Question in Insurance Law in New Jersey

Can Auto Insurance Not Pay Me If Their Client's At Fault?

Hello. I recently had an auto accident in which the other driver failed to yield at a stop sign, causing me to run into him at the intersection. The police report clearly states that he failed to yield to the right of way & I did nothing wrong. However, his insurance company is claiming that I contributed to the accident because I was probably speeding, had low tread on my tires, and the 2 occupants in his vehicle (friends of his obviously) are the only witnesses. The driver is also trying to get the police reporty changed to reflect these items. This is highly unlikely since most officers do not change their reports after the fact. Assuming this is so & the report remains the way it is (showing him to be at fault), can the insurance company still legally refuse to accept liability & pay me? If they do refuse is it worth getting a lawyer? Incidentally they declared my car to be totalled, and im only looking to receive the value of the car (about $3,000). Both me & the other driver/occupants suffered no injuries. Also, my insurance company cannot help me since I only had liability on my car, no collision. Any advice is appreciated. Thank you.


Asked on 6/26/07, 10:15 am

2 Answers from Attorneys
Glenn Brown Real World Law, P.C.

Re: Can Auto Insurance Not Pay Me If Their Client's At Fault?

Yes, I agree with Robert, you will likely have to bring a claim for your car.

If you go to the court that hears small matters you might be able to find a lawyer that is there on a regular basis that may have a fee that you can afford.

Good luck to you.

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Answered on 6/26/07, 7:33 pm
Robert Davies The Davies Law Firm, P.A.

Re: Can Auto Insurance Not Pay Me If Their Client's At Fault?

I am very sorry to tell you that the other driver's insurance company is doing its best to cheat you. They are not commiting a crime by not paying you. They are coming up with nonsense excuses to not pay you. What jerks.

You should sue them. Too bad you are in the southern end of the state, because if you were local, I would enjoy helping you to beat these jerks. I have had to file lawsuits on behalf of one of my clients (a major auto insurance company) against nasty insurance companies like the bunch of monkeys that you are dealing with.

I would be able to assist you, and charge you for my time, but I could not take the case. It would cost more than the $3000 you are trying to get.

And that, by the way, is what the nasty insurance company is counting on: that you can not get a lawyer to help, and that you will not be able to sue and win without a lawyer's assistance. Evil.

And NO, you are NOT going to be able to make them pay for your lawyers' fees, unless there is something really unusual that I do not know about in your case.

If you would like me to assist, please call my office. I am in Hackensack. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/26/07, 10:35 am


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