Legal Question in Insurance Law in New Jersey

collision - two cars backing up

My daughter was backing out of a space in a lot. A car opposite her (1 space over) began backing out at the same time. My daughter saw the car heading into her, stopped and honked her horn. The other driver did not stop and struck the right left fender of her car doing considerable damage. The driver got out of her car and asked my daughter what happened to her car, �if someone had hit her�. She denied hitting her and claimed she didn�t feel any impact. Why then did she get out of her car????

When the police arrived the other driver denied hitting her although the damage to my daughter's car was evident and there were scratches and paint from my daughter's car on the other driver's bumper.

Now the other driver's insurance (Allstate) is trying to place blame on my daughter and not pay for damages. They have a reputation of denying claims, especially here in NJ.

Seeing as how my daughter stopped and gave warning (signal) and the other driver continued to back into her, isn't the other driver at fault?

Note: Other driver was alone. My daughter had her fianc�e, a recent law school graduate, as witness and passenger. My husband arrived before the police and witnessed the other driver lying to the officer. We are the owner's


Asked on 8/18/08, 9:49 pm

1 Answer from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

Re: collision - two cars backing up

It is very important that you talk to an attorney as soon as possible so that they can litigate the comparative fault. It is very important that you do this, because otherwise it will be established that your daughter was at fault, when she may not have been. Feel free to call our office. We may be able to handle this on a completely contingent basis.

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Answered on 8/18/08, 10:41 pm


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