Legal Question in Personal Injury in New Jersey

Car Accident injury Arbitration Question

I was in a very serious rear end car accident a few years ago here in N.J..

My car was hit from behind, the driver of the other car already pleaded Guilty to Careless driving over a year ago., and is 100% responsible for this accident due to his Negligence.

Due to his 100% Negligence, I received very painfull & Permanent Spinal Cord compression neck injuries, and I can never Work again due to these neck injuries.

My question is; the other insurance company seems to cancel my settlement arbitration talk meetings every time I get a Arbitration court date to try and settle my claim for Pain & Suffering, etc.

Is their a Law or some kind of recourse for people like me to appeal to, to make the other Insurance company meet with me and my Lawyer & Arbitrator to try and settle this case once and for all.

Or can this Other car insurance company continue to cancel as many times as they wish, with no punishment and/or penalty for not wanting to settle my personal injury claim in a Fair & speedy way.

My Lawyer says this is NORMAL and happens all the time, I say WHY?? and what can be done to stop this. Thanks for any & all replys.


Asked on 8/18/05, 11:57 am

2 Answers from Attorneys
Scott Diamond DIAMONDLAWYER

Re: Car Accident injury Arbitration Question

The simple answer is that if it is an arb. thru the courts, it can not be postponed much more. However, this sounds like a um or uim arbitration, which can be cancelled often. The answer is that the attny must go to court and get an order that it be proceed

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Answered on 8/18/05, 12:09 pm
Robert Davies The Davies Law Firm, P.A.

Re: Car Accident injury Arbitration Question

I can not tell from your inquiry exactly what is going on. If it is in court, then it can NOT be put off for very long. If it is in arbitration, then your lawyer should guide you as to how long you should allow the other side to delay. Also, ask your attorney to tell you exactly what, if any, time limits may run out. YOu have 2 years, and only 2 years to file a lawsuit for your injuries. Ask your lawyer whether the 2 years is up, and whether you may need to file a lawsuit. If the 2 years is up and you did not file a lawsuit that you needed to file, you have a really serious problem.

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Answered on 8/18/05, 12:19 pm


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