Legal Question in Personal Injury in New Jersey
This past winter my vehicle sustained damage in the amount of $432.60 caused by a pothole on a New Jersey state highway. My regular auto insurance does not cover this amount. I submitted my claim along with the appropriate evidence to the state. This was denied by the insurance company representing the state. The reason given was State Law - Title 59:4-2 states that the state is only liable if it has prior notice of a dangerous condition and their investigation confirmed that the state did not receive a complaint prior to my incident from any other source. As I did not wish to take the word of the insurance company I attempted to contact the New Jersey Department of Transportation and was advised they do not maintain records involving complaints of pothole conditions. Naturally, the road has now been repaired. Do I have any other way to pursue this matter, or is it a lost cause?
1 Answer from Attorneys
Try to appeal based on the new information you obtained.