Legal Question in Traffic Law in New Jersey

Minor Car Accident
Hello, I was involved in a minor car accident back in April of this year. I was not at fault, I had the driver in back of me bang into the rear of my car as I was slowly pulling up to a yield sign. We pulled off to the side, and exchanged information. However, we did not place a police report because the accident was minor, no one was hurt, and the guilty party said he would pay for the damages out of pocket. I know it will be hard for me to resolve this matter without the police report, but I have all of the gentleman's information, I have five witnesses, and pictures. I only want my money for the damages and the driver is now avoiding my text messages, phone calls, and voice messages so I cannot get in contact with him. I have messages that him and I been sending back and forth for the past month, and I am trying to get the content of the messages because the individual promised to pay for the damages. I want this matter to be civil and resolved immediately. What can I do?

Asked on 6/06/09, 2:15 pm

3 Answers from Attorneys

Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

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Re: Minor Car Accident

I agree with the other responder, with some additional input. First, you definitely need to file a police report. Second, you did not say if you obtained insurance information for the other driver, or why you have not made an insurance claim with his insurance company. You should be contacting his insurance company to make a claim under his liability coverage. You could also make a claim under your own collision coverage if you have any, and just worry about getting your deductible back from his insurance company.

If for some reason he had no insurance, you want to go to the police in the municipality where the accident occurred, and file a citizens complaint against the other driver. If he is a NJ driver, he was required to have liability insurance so you would want him charged with driving with no insurance, which is a serious offense. In addition, you should have him charged with careless driving. While these charges are not lawsuits, they may result in you getting paid without having to file suit, as the other driver may be put in the position to make restitution either to get a better outcome for the charges against him, or by order of the judge as part of sentencing.

You can always file a civil complaint, but the above might get you swifter and cheaper relief.

Answered on 6/09/09, 11:54 pm

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david bildner bildner law firm

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Re: Minor Car Accident

I suggest that you file an immediate report with the police where it happened. Include the witness information and the reason for the delay. You may also wish to file charges against the other driver. THAT will probably get his attention. If this works, it may get you paid voluntarily. If not, he will probably have to pay you when the case gets into court in order to avoid more serious problems.

Feel free to call me at 877\688\3879 or email if you wish to discuss it further.

Answered on 6/07/09, 12:44 pm

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