Legal Question in Personal Injury in New Jersey
Almost 2 years ago I was making a turn in my car and ran over a muffler that was in the middle of the street and unfortunetly did not see until the damage was done. I was with a friend and we had pulled over, two minutes after, a township worker came to pick it up, my friend approached him about it and found out they had received a call about it to collect it. I then filed a police report, got an estimate on the damage to the tune of $950, and filed a report against the township so that I can fix my car however a couple months ago I received a letter stating that the street I hit it on was not considered the township, it's the countys. I'm curious as to why the township was there to collect it if they dont own the street. I don't feel I should be held responsible for the damage, can I sue the township or county for the damages done?
1 Answer from Attorneys
To be blunt, you will have a hard time collecting, and $950 is real money, but litigating for $950 --- it isn't worth it. You will have to convince a judge, that you could not have avoided it, and I've been driving 36 years now... unless you could not see it til the last moment, no way you should ahve hit it. Say you can explain that - now you have to prove your damages, and an estimate is not likley to do it - how do we know the estimate is proper? Maybe another guy could have done "it" (whatever "it" is) for less, maybe for something really nominal. People make up "evidence" all the time, or have friends make up something for them. You will probably have to bring in at least 1 person to testify about what damages were done, what had to be done to repair it, and give convincing testimony that there was not old damage being repaired. Who is to asy you didn't run over things all the time? If you can hit a muffler, you can hit lots-o-other things! Get the point?