Legal Question in Traffic Law in New Jersey

Parkin lot accident, clearly not my fault.

My auto was hit in a parking lot and I am trying to put a claim through the other person's insurance. They tell me they will pay for only half the damage because it was in a parking lot. There say there is no right of way, so both drivers are at fault. I do not agree. The other car clearly backed into me. I was barley out of my spot when their back bumper hit my back door causing over $1600.00 of damage (bent the re-enforcement bar).The parking lot was entirely full with cars and children (day camp). I believe the driver was careless, not looking back while reversing and going much too fast for a parking lot. I was on the other side of the parking lot isle, three spots away (more than 28 feet). They would have had a clear view of the parking lot, and my car, if they were looking in the direction their vehicle was moving. I feel I did not do anything wrong, careless or unlawful. The area was clear when I slowly started backing out of my spot. I had not yet cleared the cars parked on either side of me. I didn't cut my wheels, I was barely out of my spot. There was nothing I could have done differently. So I feel I am not at fault at all. I am not satisfied with the insurance company's decision, is there anything I can do?


Asked on 7/31/04, 11:13 pm

2 Answers from Attorneys

Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Parkin lot accident, clearly not my fault.

In New Jersey we have what is called "No Fault Insurance", meaning that your own insurance company is the only company you should ever have to contact about car accidents you have. You should contact your own car insurance company about this accident, and not deal directly with the other person's insurance company. Also, you can personally file a traffic ticket for careless driving against the driver that hit you. You have to go to the police station in the town where the accident happened to do this. If you would like to discuss this further to see what I can do to help you in this matter, you can call me at 1-908-272-0111. There is never any charge for simply discussing a case with me. Thank you. Sincerely yours, -Ronald Aronds, Esq.-

Check out my website:

www.njworkerscompensationlaw.com

Read more
Answered on 8/02/04, 9:03 am
John Ducey Law Offices of John G. Ducey, PC

Re: Parkin lot accident, clearly not my fault.

You do not have to take any offer of the other insurance company. You can file a law suit in the Small Claims Court of the county where the other driver lives. If you need more information, you can call me at 732-286-2170.

John

Read more
Answered on 8/02/04, 1:32 pm


Related Questions & Answers

More Traffic Law questions and answers in New Jersey