Legal Question in Traffic Law in New Jersey

confused

My 20 year old daughter had a minor ''bump'' with another car that she back into. It left only a small scratch. when both the other driver and my daughter got out to look they both agreed it was nothing,exchanged phone #s and left. Later the other driver called her saying that her father was very upset and wanted either insurance info or for my daughter to pay for the damage. I felt that since both cars had a scratch and who's to say that the other wasn't at any fault that they should each pay for their own damage and not make a big deal out of it. Are we obligated to pay for their damage? since this wasn't reported to the police and they both left does her father have a leg to stand on? Help! Please!

Thanks Jim


Asked on 10/08/03, 9:55 am

2 Answers from Attorneys
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: confused

The fact that it wasn't reported to police doesn't really matter here. If your daughter "backed into" the other car and caused the collision, then the other driver may still try to sue you in small claims court for whatever repair was involved. If the other driver twists the truth and says your daughter did not wait for police to arrive and fled the scene after exchanging information, then your daughter could be looking at a ticket for leaving the scene of an accident, which could result in 6 month license suspension and hundreds of dollars in fines. It may be better to resolve this matter personally than resort to the courts. You may call me for a consultation 201-646-9799.

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Answered on 10/08/03, 1:21 pm
Gary Moore Gary Moore Attorney At Law

Re: confused

The person who is backing up is usually deemed to be at fault.

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Answered on 10/08/03, 4:09 pm


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