Legal Question in Traffic Law in New Jersey

Insurance denial - conflicting stories

My son had a car accident where he says another driver came into his lane and side swiped him. The other driver says he swiped her. The police report indicates each sides story but lists the other driver at fault and it also states that the other drive did an improper lane change. No ticket was issued. The other insurance company is denying payment because each the two parties disagree and there were no witnesses. There is no coverage for collision by our insurance company. The denying insurance company - Geico - says the police report is meaningless because again there were no witnesses. Do I have any recourse with the insurance company. Is small claims court next? They even asked us to get an estimate on the damage prior to telling us they wouldn't pay.


Asked on 6/11/07, 10:22 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Insurance denial - conflicting stories

You have to sue the other driver. When you win the insurance carrier will have to pay.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/11/07, 10:50 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: Insurance denial - conflicting stories

Insurance companies often deny right away. Unfortunately, most people don't talk to a lawyer, so nothing more happens. I have an attorney that can help you on a completely contingent (no fee unless you win) basis. His name is Mark Strauss, and he works out of both New Jersey and Pennsylvania. Give him a call and tell him I (Danny Cevallos--pronounced Sevallas) sent you. His number is 215.354.9100.

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Answered on 6/11/07, 11:03 pm


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