Legal Question in Traffic Law in New Jersey

NJ Car Accident Reports

Driving down a major highway I made a left turn on a green left turn arrow. A car went through the red light and struck me. Police officer asked me what happen, I told him the same thing.I was taken away by EMT to the local hospital, leaving the other driver with the police officers. When I received a copy of my accident report, it stated I turned in front of this vehicle and struck him. I received a traffic ticket in the mail. I filed a complaint against the other driver. We went to court and both tickets were found not guilty, and were dismissed. After numerous letters to the Sgt, Chief of Police, Mayor of the City, they will not change the report. Now my insurance company wants to add a three year surcharge on my insurance coverage, my car was totalled, and I only had liability coverage on this vehicle. Can I take the other driver to small claims court? Is there anyway this report can be changed? Thank you..


Asked on 3/24/04, 11:59 am

2 Answers from Attorneys
John Pinho John Pinho

Re: NJ Car Accident Reports

With respect to the police report, you can ask that you be allowed to amend the report with an additional statement from you stating that you do not agree with the way the officer phrased what you said to him. The police officer can write an addendum to the report to reflect that you came in and disagreed with the phrasing and that the ticket issued was dismissed. You can then forward that additional report, along with official Municipal Court dispositions indicating that you were not guilty of the charge to your insurance company. If your insurance company continues to insist on accessing a surcharge, file a complaint with the Department of Insurance indicating that you were not responsible for the accident and they continue to attempt to fine you as such.

With respect to your property damage claim, you can file suit in the Special Civil Part of the Superior Court or the Superior Court, Law Division. Most property damage claims are filed in the Special Civil Part as the amount sought is within its jurisdictional limit. If you were injured in the accident, you must file both cases together (property damage and personal injury) or you will be barred from collecting for your personal injury if you file the property damage claim and do not include the personal injury aspect. It's called the Entire Controversy Doctrine.

Good Luck.

Our office offers free consultations on personal injury matters. We charge a consultation fee on accident cases where there are no injuries only property damage.

John M. Pinho

www.DaSilvaPinho.com

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Answered on 3/26/04, 1:23 pm
John Ducey Law Offices of John G. Ducey, PC

Re: NJ Car Accident Reports

You can go to the police station and file an amended report but there is no way to change the original report.

With regards to the property damage you can file suit in the Superior Court. It depends on the amount of damage whether it is small claims, special civil or law division. But BEWARE if you also have a claim for personal injury, the suits must be combined or else you may be barred at a later date. Please call me to discuss your matter in more detail, it is a free consultation. John G. Ducey 732-286-2170

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Answered on 3/24/04, 2:56 pm


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