Legal Question in Traffic Law in New Jersey

My baby was killed!

Hello,

A woman failed to yield on green as she turned left in front of me and other on-comming traffic. A serious collision occured and my beautiful 90 Mustang Conv. is now totalled. The woman was issued a citation for failure to yield. My car was in mint-condition and would only be driven once or twice a week when the weather was nice. It is very unique because of its low mileage (56K miles), its condition (flawless paint) and performance characteristics. I've spent over $10K in aftermarket and high performance parts in this car which I was able to procure most of the receipts for. The ins. adjuster will probably offer me a ridiculously low ''blue book'' value that will not get me back into a comparable vehicle in terms of performance and condition. Nor will it enable me to re-build the custom super-car that I've devote last 3 years of my life to.

Can I sue the ins co. or the woman directly in small claims to make up the difference between what they will try to offer me and what I need to get back to where I was before this disaster? I dont understand why I should have to accept anything less than what I started out with before the accident since it was not my fault.


Asked on 4/23/02, 11:45 pm

2 Answers from Attorneys
Ryan Dornish Ryan A. Dornish, Attorney At Law

Re: My baby was killed!

Please be advised that I have not been retained to represent you and I am basing this response on the limited amount of information supplied. However, be careful to negotiate and settle with the insurance company because they usually try to obtain releases that the settlement agreed upon is all you are entitled to. I would suggest seeing what the insurance company will provide, making sure you are not signing a release against the woman who hit you, and then proceeding against her in small claims court. If you wish to discuss this further, I can be reached at 908-537-7975. If you cannot afford an attorney, be advised that every county in New Jersey has a legal services agency which can assist those who qualify.

Good Luck!

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Answered on 5/05/02, 4:08 pm
Savyon Grant Law Office of Savy Grant

Re: My baby was killed!

I would suggest speaking to a civil attorney. Do not negotiate with the insurance company, you will end up in a much better possition with an attorney negotiating on your behalf. I specialize in real estate and criminal law, but would be very happy to recommend a excellent civil attorney. I can be reached at 201-646-9600

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Answered on 4/24/02, 12:07 pm


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