Should this car accident be bought to court?

UPDATED: Sep 30, 2022

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Should this car accident be bought to court?

I was recently in a car accident with my husband. The driver was on the right
lane of a busy highway on his cell phone and made dangerous sharp left turn into
us. We were in the far left land when we were hit. I was bought to the hospital
and missed one day of work. The other driver was bought to hospital as well. Our
car was totaled. The other driver was at fault on the police report.The
insurance company just called me today to notify me that the driver had given the
police a fake car insurance card and he has car insurance. If we went to court
would I have a shot of getting anything to help the cost of damages to car?

Asked on June 8, 2016 under Accident Law, New Jersey


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Prior to filing a lawsuit, it may be possible to settle the case with the at-fault party's insurance carrier.  The property damage is separate from the personal injury claim.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.  It is not possible to predict how a court will rule with regard to whether or not you would receive more for the property damage than what the at-fault party's insurance company offers, but it is your only option if you are dissatisfied with settlement offers.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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