Legal Question in Personal Injury in New Jersey

Most of the time you will both be sued. This should not cause you concern. In NJ, in order to guarantee there is coverage, both the owner and the operator are sued. Once the claim is recieved, turn it over to your insurance company. Cooperate with them in the defense but NEVER tell them not to settle. In fact, your interest is always to ahve them resolve the case in the policy limits. Therefore, you should encourage them to do so.

Keep in mind that anytime the insurance company goes to trial that the defendants can be at personal risk for any judgment over the policy. If the insurance company seeks to protect itself from paying at your expense, that is called bad faith and the carrier will be responsible for the overage instead of the insured. However if the insured directs them not to settle, then the insured assumes the risk typically.

Please feel free to contact me if any questions.