Legal Question in Personal Injury in New Jersey

This question concerns an auto accident. I have sued an insurance company (in special civil court) whose client hit my vehicle last December. The police report indicates that this client was at fault. However I never filled out a particular form that the insurance company required in order to issue payment. I refused to do so; I told them that they had everything they needed in the police report and bodyshop estimate. Last January I gave them an ultimatum: Either pay me within 10 days or I would sue them. Well they didn't pay and I finally sued them last month. The insurance company did contact me, stating that they had sent payment to my last address ( I have since moved, but I doubt they ever sent payment to the last address) but I did not answer them. I was only willing to accept payment.

Now the lawyer representing the insurance company states that I am barred from making this claim since I did not follow the insurance company's policy. They also state that the insurance company has complied with its policies. The lawyer says that the statute of limitations has passed for this claim (I submitted it last month; the accident took place last December--I'm sure he's wrong about this). I asked for about $25 more than the amount of the estimate to cover my research time, plus court costs. I have now been served interrogatories. My question is, can I be barred from collecting on this claim (which is less than $1000) if I did not follow the insurance company's procedure?

Asked on 9/29/10, 4:28 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

That is nonsense. To put it politely. You do NOT have to follow any insurance company's procedure in order to prove that the driver who hit your car owes you money. If you are in Northern NJ, call me and I will go help you beat these idiots in court. It will be fun!

Bob Davies, 201 820 3460

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Answered on 10/04/10, 4:53 pm
Amy Klauber Klauber & Klauber, LLP

Absolutely not. The insurance company policies do not trump your legal rights.

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Answered on 10/08/10, 7:35 am
Thomas Sheridan Sheridan & Murray

I would concur that the insurance company is providing you with erroneous information.

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Answered on 10/15/10, 12:56 pm

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