Legal Question in Insurance Law in New Jersey

Percentage of Fault

I have dollar and day insurance in NJ (pip only) legal on the road. involved in accident during major rain storm. Hydro plained and hit the front bumber of a person coming in the other direction. Impact was at the corner of each bumber no more than 5 mph. Her insurance company now wants recovery from me in excess of $2200 (includes her deductible) for a front bumber not even the headlight was damage. Since there is no police report. They never contacted me at all how do they know I'm at fault and should we not be responsible for our own damage since she was not in control of her vehicle as well. I did not rear end anyone. I tapped a front bumber not even a dent on my vehicle.


Asked on 9/11/04, 4:19 pm

2 Answers from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Percentage of Fault

If a demand for payment has been received from the other driver or their representative, in this case an insurance company, then in my opinion you should definitely retain an attorney to protect your legal interests as soon as possible.

It is not just a matter of a $2200 claim being made against you. If you are found to be at-fault for this collision, it could also affect your future insurance rates. A judgment against you, if you are sued and lose, may also have a negative effect on your credit rating.

It is not wise for an attorney to give you a specific evaluation about whether or not you may be at fault, without getting more information from you about the facts of your case.

I would be happy to speak with you if you wish to consider retaining my services in this matter. Further, if there is anything else of a legal nature you care to discuss, I am happy to do that, also.

Please contact me at:

973-605-8995

[email protected]

Alan S. Albin, Esq.

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Answered on 9/13/04, 2:57 pm
John Ducey Law Offices of John G. Ducey, PC

Re: Percentage of Fault

I am not sure that you really have a question here but I would ask the other company of proof of damage before volunteering to make any payments. Also, if you end up getting sued and need representation you can give me a call at 732-286-2170.

John Ducey

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Answered on 9/11/04, 11:55 pm


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