Legal Question in Insurance Law in New Jersey

parked car accident
I was parked in a shopping mall and was in the process of closing my door and leaving when the car pulling into the adjacent spot hit my door and cause over $1700 in damages (their own appraiser's estimate). I called the cop and he never got out of the car, wrote in the report that the other driver hit me while I was opening the door, (which was almost closed by the time it got hit). I only have liability in that car and other driver's insurance company refuses to pay alleging I hit their client while opening the door. I couldn't have hit their car since there is a 2 foot wide space between the two spots. Their client cross over my spot and hit my door and the molding on my fender. My own company says they are not a party to it since I only have liability. Is there anything I can do. I need to know how to write an appeal to their claim denial first to State Farm itself and then to the NJ Dept of Insurance. I have pictures, etc. Any advice is appreciated.

Asked on 9/21/05, 10:32 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

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Re: parked car accident

You need to sue the other driver. The other driver's insurance company will not pay, and the only way to collect is to sue and win. You should file in Special Civil Part of the Superior Court, Small Claims Division. You need to file the suit in the county where the other driver lives.

I suspect you do not want to pay an attorney to help you, and I will agree that the small claims process should not need a lawyer's assistance. If you do want to consult an attorney, you may contact me if you wish. 973 890 0400 I am in northern NJ. Good luck. State Farm is not nice people.

Answered on 9/22/05, 10:45 am

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