New Jersey | Insurance Law
Legal Question
Can Auto Insurance Not Pay Me If Their Client's At Fault?
Hello. I recently had an auto accident in which the other driver failed to yield at a stop sign, causing me to run into him at the intersection. The police report clearly states that he failed to yield to the right of way & I did nothing wrong. However, his insurance company is claiming that I contributed to the accident because I was probably speeding, had low tread on my tires, and the 2 occupants in his vehicle (friends of his obviously) are the only witnesses. The driver is also trying to get the police reporty changed to reflect these items. This is highly unlikely since most officers do not change their reports after the fact. Assuming this is so & the report remains the way it is (showing him to be at fault), can the insurance company still legally refuse to accept liability & pay me? If they do refuse is it worth getting a lawyer? Incidentally they declared my car to be totalled, and im only looking to receive the value of the car (about $3,000). Both me & the other driver/occupants suffered no injuries. Also, my insurance company cannot help me since I only had liability on my car, no collision. Any advice is appreciated. Thank you.
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