Legal Question in Traffic Law in New Jersey

A car hit my dog, the police report shows the driver admitted she was not paying attention, I have 2 witnesses who saw that she made no effort to avoid the dog. Teh dog was a puppy, being trained, no history of running. After repeatedly telling me they "didn't see" the inattentive driving note on the report, and having never contacted the witnesses, the drivers insurance comopany has sent my case to a collection agency, who now wants to make a deal. I had seen case history in New Jersey finding the driver to be liable for costs involved with the animal in such cases, but I can't find them now. Do I have some recourse?


Asked on 11/11/10, 12:19 pm

1 Answer from Attorneys
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

I am assuming that your dog was unfortuantely killed although you did not actually say that, based on the value of the dog (obviously excluding the emotional sentiment and sense of loss you felt) you could bring a claim against the driver in small claims Court. It is not really a traffic matter. You need to have a reasonable estimate of the dogs value or if the dog hopefully survived, sue for the cost of the medical bills, hope that helps

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Answered on 11/17/10, 9:13 am


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