Legal Question in Traffic Law in New Jersey

Involved in accident, responsible party is not paying for damages

My wife was involved in an accident where the other person was at fault. The other person is self insured and does not want to pay us directly for the damages caused to our car. They insist on paying the auto body shop directly. Due to the age of our car, we have decided that it is not in our best interest to have the car repaired. However, we are still left with a car that has been damaged and want to be reimbursed for the amount that their auto body shop estimated the cost of the repair to be. Do we have any recourse in this matter? Are we required to have the repairs made? I have tried to settle this at a savings to the other party (no need for them to pay for the rental of a car while ours is being repaired). If they continue to refuse, what damages are we entitled to?


Asked on 8/20/02, 4:28 pm

2 Answers from Attorneys
Savyon Grant Law Office of Savy Grant

Re: Involved in accident, responsible party is not paying for damages

No, you can take them to small claims court and get a judgement against them for the repairs.

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Answered on 8/26/02, 1:24 pm

Re: Involved in accident, responsible party is not paying for damages

To be brief, if they are at fault, they have to pay you - PERIOD. They can dispute the amount of damages. If that is the case, take it to a shop you chose, a shop they chose, and a third you both agree upon and take the average of the 3. If the car is a total, go online to edmunds.com, kbb.com, and NADA.com to get pricing. Edmunds tends to be lowers, and NADA the highest.

Demand payment in writing. If they refuse, file in small claims (after Sep. 3rd, the limit is $3,000) or Special Civil Part Court (after Sep. 3rd, the limit is $15,000). Go to the courthouse, or online (http://www.judiciary.state.nj.us/forms.htm) to get the forms, and do it yourself. Maybe then, they will pay up.

Good luck.

Kevin J. Begley

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Answered on 8/20/02, 7:33 pm


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