Legal Question in Personal Injury in New Jersey

We were traveling on Pulaski Skyway (which is a two lanes skyway) on 7/3/10. It was a clear day with normal traffic pattern and most cars were driving within the speed limit. A car stopped on the fast lane (left lane) without any indication of car trouble (no stop light, yellow brining light or any other signals..Etc). One could not tell the car was not moving from behind. To avoid crashing into the car, we switched our car to the right lane. The motion of the change lane resulted (don�t know why, may be the tires could not engage) our car bounced back to the left lane and hit the concrete divider then sent the car back to the right lane and hit the guard rail on the right side of the skyway. Luckily the cars behind us saw what we did and move to the right without hitting the stopped car or our car. Few good other car drivers helped us and stayed as witnesses. The drive of the car that caused the accident refused to provide personal info and said they have a blown tire (I could see a blown tire) and should not drive the car. I questioned the driver that they should at least park the car on right lane and put on the yellow blinker light. They fled the scene of this accident before the policy arrived. How could they flee if the car was not drivable as they claimed? I would appreciate if you can comment on my questions:

1) We have witnesses and they all have provided the statements to the police. We also have the plate number of the car that caused the accident. Should the police try to look for them? Isn�t fled from the scene of accident a crime?

2) Most likely our car is total (just reported the accident to the insurance company). Is our insurance going to look for the other car by the plate number and submit the claim to their insurance due to clearly the accident was caused by their negligent and reckless?

3) I and my husband are very lucky with few scratches from the broken, flying glasses and sore ribs and muscles. Which insurance is responsible for the damage of personnel stuffs in the car � car insurance or home insurance (we were transporting some small dormitory items like laptop, TV, coffee table, food�etc to help my daughter move)?

Another other advice you can provide would be greatly appreciated

Sincerely

Janet


Asked on 7/06/10, 6:05 am

1 Answer from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

You should definitely talk and meet with an attorney as soon as possible. Unfortunately, sometimes the police are so busy that they don't pursue the hit-and-run as swiftly as they should. And, during that time, important insurance decisions are made. The good news is, that even if (worst case scenario) the other driver cannot be found (and he likely will be if you have the plate number), you will likely be able to recover from your policy (depending upon your elections) and from other sources of insurance. You may also be entitled to a replacement car until you can get your new car. Feel free to call us to discuss your options: 267.639.3105.

-Danny Cevallos

www.cevalloswong.com

http://www.cevalloswong.com/about_media.php

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Answered on 7/06/10, 9:55 am


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