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How likely can I claim from the other party in an accident like this? New Jersey

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  • How likely can I claim from the other party in an accident like this? New Jersey

    I wan driving on a one lane road and heading towards an intersection when another car failed to stop at a posted stop sign and went across my car, and we collided. The front bumper of my car ran into the rear passenger door of his car and got badly damaged. I would like to know in situation like this, how likely will i be able to claim the whole compensation from the other driver's insurance company? If the other driver denfend for himself saying I neglected and hit into his car, how am I supposed to do? Your advice and help would be highly appreciated.

    Additional Detai

    Police filed a report and I was told to collect it early this week. However police told me that he mentioned in the report that the other driver failed to stop at a stop sign and observe the traffic.

    I also talked to the advocate from my insurance company just now and have the recording done as well. She suggested me to claim from them first and get the repair work done faster. Then they will be going after the other driver's insurance company to claim for the compensation, and I will be returned approx 80% of the co-pay that I have to pay from my side for the car repair. Can anyone tell me if this is fair enough in my case?

  • #2
    Will it cause the rates for your insurance to increase, it usually does unless you have been a customer for many years and have no other incidents/accidents. Was the other driver sited for a moving violation, failure to stop at a stop sign?

    KM
    Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

    Comment


    • #3
      Originally posted by Kick Me View Post
      Will it cause the rates for your insurance to increase, it usually does unless you have been a customer for many years and have no other incidents/accidents. Was the other driver sited for a moving violation, failure to stop at a stop sign?

      KM

      There was no witness at the time accident took place, and even if there was, no one would have stopped for a fender-bender accident i guess.So looks like I am screwed up in this case. I've been driving for past 2 years and insured with the same company,no accident records before , does that qualify for 'a customer for many years'?

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      • #4
        OP, did you or did you not have a stop sign?
        Please no private messages about your situation.

        Comment


        • #5
          Originally posted by moburkes View Post
          OP, did you or did you not have a stop sign?
          There wasn't any stop sign for me, i had the right of the way.

          Comment


          • #6
            If you do this through your insurer, your rates may go up. You should first try to collect from the party that hit you.
            I find that the harder I work, the more luck I seem to have.
            Thomas Jefferson

            Comment


            • #7
              Your rates will not increase if you file the claim through your insurance company.
              Please no private messages about your situation.

              Comment


              • #8
                Why would you only get 80% of your deductible back? That does not make much sense.
                Bob Bollinger, Attorney
                Board Certified Specialist in NC Workers' Compensation Law
                Charlotte, NC

                Comment

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