"DURA LEX, SED LEX"

A year and a half ago I had a car accident in New Jersey.?

QUESTION: The other driver was a 17year old who was driving their dad's car and turned into my car. The driver of the other car told the police they never saw my car. My car was totaled and the cost of the car and medical expenses was covered by my insurance company. The lawyer I gave my case to just send me a letter saying he is dropping my case because of the 'threshold' on my out of state policy. It's a Florida policy. Did I just get the wrong attorney or is this how it works?

ANSWER: In NJ there are 2 tort thresholds, verbal & zero. Verbal means you can only sue for very serious injury, NO soft tissue injuries. Zero threshold means you can sue for any injury. In NJ, if you live out of state & have out of state insurance, you have zero threshold UNLESS your state is a PIP state with thresholds (you can call your agent in FL to find this out). I know for sure FL is a PIP state but I don't know if you have tort thresholds. PA has full & limited tort thresholds. You will have to contact your own insurance to find this out. If your attorney dropped you due to thresholds, I doubt any other lawyer will take your case because as soon as they get the information on your policy, they will drop you too. All of your medicals & damages were paid. Your insurance company should be subrogating against the at fault party's insurance for your car damages & will collect your deductible back, which they will send to you if they haven't already. They cannot get your medicals back. That is what your PIP coverage is for.

 

How long does it take for a auto accident case to be settled in the new jersey court?

QUESTION: I have a pending lawsuite for a drunk driver that hit my car two years ago.they made me an offer but I didnot accept now he is taking it to court and I have already filled out all the paper work and it has been filed in the new jersey court system I want to know what happens now? how long will it take for me to get an offer? who make this decision? I dont think it is gone to be with a trial and jury I really would like to know if Iam gone to get my within the next year or not.(the claim is against insurane company)how much money should I look forward to?(more infor-I was hit by a drunk driver 2 years ago she was arrested at the scence of the accident and charge with a DUI and DRIVER WHILE LISENCE IS REVOKED)

ANSWER: Your attorney or your insurance company can easily answer all of the above. What is the reason for the delay of 2 years so far? Obviously the other side is contesting something about the case. Maybe for delaying purposes to pressure you into a lesser settlement, maybe because they rightfully believe your damage claims are unfair. Only your side can advise you on this. If you are representing yourself, expect another 10 years or more.

 

Who at fault in New Jersey for back up and rear ended accident?

QUESTION: I was at Checkers drive true about to order food but they ran out of food. So my passenger got out of the SUV and asked the van behind of us to back up. This leaves a space between my SUV and the van. While I was getting ready to back up a car cut the line and ran into my SUV. They were no police reports file because it was mutual agreement not to call the cops. I had an independent witness and phone#. We exchange information the driver told me that she was an attorney at law. The next day her insurance and my insurance was notify. Her insurance already reports that it was her words against my words so they were not going to pay for my damages. My SUV suffer no damages but her car was damage on the left side. How would the claims adjusters handle this case base on the fact that an attorney car was involved?

ANSWER: Your question is too vague. Did you back into someone or did someone hit your stopped car? If it was the former, you are responsible, if it was the latter,. the other party is responsible. but..............no one here knows for sure. Fault is determined by the 2 insurance companies. Simply let your insurance company do it's job. Always call the cops and always notify your insurance company.... ALWAYS !

 

New jersey Careless Driving ticket?

QUESTION: I recently received a careless driving ticket in the state of New Jersey for going 87 on a 65 mph zone. The cop was generous and gave me a careless driving ticket instead of a speeding one. It is my first offense and I currently do not have any points on my license(which is from PA, where I live). I wanted to know if it's worth it fro me to take an attorney with me, they are charging me $250 and they say that theres a 99 percent chance of a reduction to 0 points for my infraction. I also wanted to know if I go down by myself if there is any possibility of them reducing my infraction to 0 points even without an attorney. Bottom line should I pay the attorney 250(without including 150 of the fine), or go o my own and risk it?

ANSWER: The one thing that you ARE GUARANTEED of is being out $250.00 for hiring an attorney. The officer gave you A BREAK. That means that the officer will tell the Municipal Court Judge that you were driving 22 MPH over the speed limit. But he/she gave you a break by charging with with 39:4-97, careless driving. The attorney (who you have already paid $250.00), will cross examine the officer, trying to make the officer look stupid, or that charging you with Careless Driving was improper, or the officer did not have a reliable measure of your speed. The Judge will then find you Guilty of Careless Driving and fine you $81.00 plus Court Costs. Hey, its your money..... and it's your right to plead Not Guilty. What can I say.. 39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving. 39:4-97 Careless driving where no accident involving personal injury - $81

 

First time driving offense in new jersey?

QUESTION: i was driving and a car behind me was going around 70 mph in a residential area,cut in front of me,did a sharp stop,and drove off.i swerved to the side so i wont hit the person but ended up over the curb,messing up my whole undercarriage making my car completely undrivable and forcing me to sell my car. i was the only one in the car and want hurt or anything(thank god for my seatbelt)their was 2 witnesses,one of them called 911 with their cell.the cops came a minute later,asked me for license etc. and said if i was drunk or not and checked if i was on any drugs and they told me what to write down.i was panicing the whole time.i was too nervous to write the whole story down and only wrote that i went over the curb(im 18,have a mustang and the other person had a honda and i doubt they'd even believe my story).then another officer came up to me,gave me a paper and said i was being charged with careless driving and to appear in court.the town i live in has a history of car accidents and deaths because of it and the town wants me to serve time,suspend my license,and give me 6 points on my license plus pay for the damage i did to the curb as well.i hired a lawyer to help fight it for me.when i got the police report it only showed what i was being charged for and what i wrote down.they didn't even write down the witneses names or cell number they called the police with and that was the only thing that would've cleared me. i never broke a law before and never caused trouble in the town but i think think this is too much of a punishment.can they even charge me if they don't have the witnesses that called them and do you think they will drop the charges since this is my first offense?

ANSWER: What does your attorney have to say about all of this? The paper the police gave you that did not have the witnesses contact information, did you get that paper on your own or thru your attorney? Your attorney should be able to get the unredacted police report, which would have all the witness information - assuming it does exist on the report or on another report the police have not provided to you. If things happened as you said they did (re accient), I would fight this completely.

 

In New Jersey, how much of a personal injury lawsuit is exempt in a bankruptcy?

QUESTION: My husband received a lawsuit settlement in the amount of approximately $32,000. It was a slip & fall accident (the lawsuit is in his name only). he next day after getting the settlement check, there was a letter in the mail for a hearing for his wages to be garnished. (talk about timing) We can not afford for this to happen as I am very sick & can not work. I am currently waiting for Social Security Disability hearing. We have two small children as well. So we have decided to file for Bankruptcy. When we contacted his attorney from the accident He said there is no breakdown of the settlement in regards to how much was for pain & suffering, personal injury, future special damages, pecuniary, or past special damages. Is this a good thing? We are meeting with an Attorney tomorrow to discuss everything however, I was wondering if anyone knew how much of the lawsuit was exempt? Is the exempt amount doubled since we are filling together or does that not matter since the lawsuit is solely his? Has anyone been through a similar situation or can anyone tell me what to expect at this Garnishment Hearing? I appreciate all your advise. Thanks a lot!

ANSWER: Your attorney was an IDIOT for advising you to accept a settlement without the breakdown you say does not exist. That breakdown is the ONLY way ANY of the settlement is exempt. You should consult an attorney about having the settlement PROPERLY structured so there IS an answer to your question.

 

I need financial help i was involve in a accident and now i have a few injuries what should i do?

QUESTION: i was involve in a car accident back in february that made me lost my job i just found out i have a pinch nerve in my neck and a herniated disk in my back that may take some time too heal however i have just been turned down for disability so i have just hired an attorney to help me on my appeal however that wont be until next year and i need money now , i cant get my temporary disability cause they say here in new jersey you need 20 based weeks in which you made over 103 dollars or more in 2005 i worked 22 weeks in 2005 but i only have 19 weeks in which i made over 103 dollars im short by 1 week and they wont give it too me im on welfare and i was recieving 210 dollars a month now they dropped me too 74 dollars cause they help me get my own apartment its not possible for me too live out of 74 dollars what should i do can anyone help me

ANSWER: I'd seek the advice of a disability attorney and see what they say, according to New Jersey law. Attorney's are like a necessary evil because once they get you paid, they are quick to take their cut of the action. A good disability attorney may find and exploit legal loopholes in New Jersey law that fall very well into your favor; it's worth the call and speak to one. I hope you find a good one.

 

Good auto accident lawyer?

QUESTION:

ANSWER: Are you making a personal injury claim? The only reason I ask is because auto accidents have many factors to consider. If you were injured and have medical expenses that were directly related to the accident, it can be more convincing. If your car received damage, then I recommend asking the person to repair the damage. If they refuse, it may be time to take legal action. Nevertheless, some factors will be difficult to prove. Since I am unfamilar with the nature of your case, I cannot say that this is the correct action, but I hope everything will work out for you. Here is a link for attorneys in the Hamilton, NJ area: http://www.lawyers.com/personal-injury/h...

 

New Jersey Domestic Violence Simple Assault Charge?

QUESTION: My pregnant girlfriend whom I live with physically assaulted me two weeks ago over me purchasing her the wrong size sand which. She pushed me, and punched me numerous times, and more than one time in about a 5-10 minute period. I became upset and and called the police because her brother started in on the fight. During this I had thrown a bottle of windex in self defense which richocheted off the door jam and struck my girlfriend on accident and left a mark on her back. I removed my self from the situation and the police came. Even though I was the one being pushed and punched and I was trying to leave but was being harassed by two individuals I was arrested because of the mark on her, they didn't even question me or take into account my marks from her abuse. She did not press charges and did not want a restraining order, she even said I was an idiot for calling the police, and she told the police she started it all and it was over a sand which. I was released, and have no restriction from seeing her. The police had pressed the charges and it was domestic violence simple assault. I am worried I will be put in jail or kept from seeing my girlfriend. Her and I both need counseling and anger management. I have been pushed and punched numerous times from her in the past, and I could not take it anymore and had to call the police, this was in most part that her brother was there this time fueling the fire with her. I cannot afford a DV lawyer simply because in NJ its almost impossible to get one ($3000) retainer plus $200-500 hr just for a DV case. It makes it very difficult. The police said if she does not show up at the court hearing the charges will be dropped. But how is that possible if she ddidnt press charges, the police did with the prosecutor in the municipality? There is no DA in the town. I did not want to "hurt" her. Her brother has been arrested NUMEROUS times in the town for bad things, and I have only been arrested about 7 years ago when my mothers ex husband attacked me and I fought back and we were both arrested for "simple assault" im assuming that was domestic violence as well seeing as how it was my mothers husband and I was living with them. What are my choices, what will the outcome most likely be? Can she speak to the prosecutor and tell them to drop it? Or am I literally screwed?

ANSWER: Contact an attorney. Your post is an obvious hoax, and it has been reported.

 

Is it worth my time to try to go to small claims court in New Jersey?

QUESTION: I got into my first car accident, my car is being declared a total loss. The other insurance company is offering me a $1300 settlement check while telling me my damages are over $3200 and my car is only worth $2700 (although they refuse to tell me where this figure comes from, and it is far less than what the Kelly Blue Book value should be for my vehicle). The other woman had to replace her front bumper and that's it -- she was turning left from one direction into a shopping center, while I was traveling straight in the opposite direction. I'm being told it's 50% my fault because the police report states I was traveling around someone illegally on the right - this is NOT true and the police department refuses to allow me to amend the police report. I'm now left without a car, without anywhere NEAR enough money to replace my car with anything remotely similar to it, and rising insurance costs because this woman is also filing a claim against my insurance for the damages. The state court website says small claims court only costs $15 to file a complaint. I have time off available from work so I can definitely make any date they set for me. Would it be worth the time and effort to try and sue this woman for the difference between what they are offering me and what they claim my car is worth? Would they look at the police report and say "nope this is 100% definitely what happened!" or would they actually give me a chance to state my side of the story? In addition to stating that I went around someone, it states that I hit her vehicle - yet her damage is to her front bumper and mine is all on the left side of my car. Does the fact that this police officer has a reputation for harassing young people in my area make any difference at all to my potential case? I'm 25 and the woman who hit me is 49; the officer barely spoke to me at all at the scene and spent about 10-15 minutes speaking with her.

ANSWER: I would seek the advice of a personal injury attorney. They will be able to help with the police report and get the actual value of your car as well as run interference with the other insurance company. You may also be able to get the ticket thrown out. That would probably be easier than getting it "ammended." In any case, do talk to a PI attorney. Their initial consultation is usually free and if they take your case, it will most likely be on a contingency basis.