Legal Question in Traffic Law in New Jersey

denying fault and fraud...Legal Advice Needed!!!

I was at a red light when I was rear ended by another car. The driver admitted his fault (even though his wife was rude and insisted on calling the police) but the driver insisted that I shouldn't call the police and assured me that he would cover the damages. In ''good faith'' I agreed (also I didn't have my renewed registration card on me, so I didnt want to cause a confusion)because the accident was very minor. We exchanged insurance information. Immediately, I went throught the necessary paperwork and the insurance guy even came out to assess the damage. A week later, I received the estimate (which sounded ok) but was informed that I would not be getting that amount since the other party claimed that I backed into him. This is, of course, completely ridiculous and not true. It boggles my mind that the insurance company would believe him. So they told me that they would only pay half of the amount that was originally estimated. I really hope that the insurance company is not trying to cheat me on this but what the guy did is doing is simply fraud. I would sincerely appreciate any legal advice in my matter. Thank you!

I am an NJ resident and accident happened here as well

Asked on 11/11/05, 2:38 am

3 Answers from Attorneys

Ronald Aronds Law Office of Ronald Aronds, LLC

Re: denying fault and fraud...Legal Advice Needed!!!

You can sue the guy who hit you for the balance that was not paid by your insurance company. You can also bring a citizen's complaint for careless driving against the other driver by going to the police station where the accident happened and filling in the paperwork to do that.

Sincerely yours, -Ronald Aronds, Esq.-

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Answered on 11/11/05, 9:09 am
John Ducey Law Offices of John G. Ducey, PC

Re: denying fault and fraud...Legal Advice Needed!!!

Depending on how long ago this occurred, you should go to the police station where it happend and file a careless driving ticket against the other driver. Also you should file a small claims complaint in the county where the defendant lives. Do not cash any checks from the insurance company though if you planon going this route.

John Ducey

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Answered on 11/11/05, 10:05 am
Robert Davies The Davies Law Firm, P.A.

Re: denying fault and fraud...Legal Advice Needed!!!

I am not able to tell from your posting exactly what is going on. Based on the little that you wrote, I have some general advice:

You should inform your own insurance company of this accident if you have not done so. Your company will pay the damages minus your deductible.

I do this kind of lawsuit for a major NJ insurance company. It seems that the insurance company for the other driver is trying to cheat you. Do not sign anything and do not cash their checks. You may want to hire a lawyer to advise you. Please contact me if I can assist you.

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Answered on 11/11/05, 10:42 am

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