Car accident in NJ: At fault driver has no insurance (lawyer, medical)

[bellhead]

Did the police issue the other drive a citation?

[CometV6787]

Originally Posted by bellhead

Did the police issue the other drive a citation?

Yes, they did, but I wasn't told what for or how many.

[bellhead]

Glad to see the police cited the other driver...

[bradykp]

It's my understanding that when you get into an accident, your insurance collision fixes your car, and the other person's insurance collision fixes theirs. In Pennsylvania, fault is established, and whomever is at fault has their insurance cover both vehicles. The person not at fault doesn't have to do a thing with their insurance.

Is that not correct?

[captne76]

Originally Posted by bradykp

It's my understanding that when you get into an accident, your insurance collision fixes your car, and the other person's insurance collision fixes theirs. In Pennsylvania, fault is established, and whomever is at fault has their insurance cover both vehicles. The person not at fault doesn't have to do a thing with their insurance.

Is that not correct?

I wouldn't say that is true in NJ. No fault in NJ only applies to medical coverage. So as far as auto damages it would depend on fault as far as I know.

[Blue biker]

Uninsured motorist coverage in NJ also covers property damage, but that has a deductible also. This is done to eliminate frivolous claims from people for parking lot dings, etc.

Usually to collect from uninsured/underinsured motorist coverage you have to sue your insurance company. In a weird twist your insurance company may defend the at fault underinsured motorist, (the other guy). This is possible in the event of a large bodily injury claim. Insurance companies are businesses and really try to pay out as little as they can. I do believe if they collect collision costs from the other guy's insurance company or the other guy if they sue him and get a judgment they will pass the amount of your deductible to you. Getting the money from the other guy's insurance company if he has coverage is just an administrative procedure. Suing involves some real costs and generally wouldn't be pursued for smaller amounts, say under $10K. I don't really know the threshold but believe me there is one. They aren't going to spend $8K to get back $4K.

The last 3 times I've been involved in an accident, (none of which were my fault, I drive for a living), within about a week of the accidents I received copies of the accident reports from ambulance chasing attorneys. In one case I was rear ended and that ambulance chaser also included a brochure from a Chiropractors office!
So if you haven't received an accident report yet, just check your mailbox, one should be there soon. You can get the codes to decipher it online.

[bigjake54]

Originally Posted by bellhead

Did the police issue the other driver a citation?

Originally Posted by CometV6787

Yes, they did, but I wasn't told what for or how many.

Do you have your Accident Report? Any citations issued would be listed, by ticket number & statute number. If not, get it from Police Records.
Look the statute numbers up online & see whether the driver or the owner (or both!) were cited for Driving While Uninsured, which in NJ is a mandatory one-year loss of license.
The officer should have checked for valid insurance, when he saw that the card was expired. He can issue the summonses after the fact.

[rscalzo]

The officer should have checked for valid insurance, when he saw that the
card was expired.

Good luck wit5h that. As there is no online database, the best that can be done is a phone call. That might work if it's business hours. Otherwise most agencies will only fax the policy info if they receive an official request in writing.

Summons are routinely issued after the fact.

I received copies of the accident reports from ambulance chasing
attorneys

Because they have the right to send some flunky in any records div. and demand copies of every accident report filed during the proceeding time frame. If it's not digital, it can tie up the staff for quite some time. They probably won't waste time with a minor mva.


Don't assume it will be sent. Unless you request it or arrive in person to request it, you quite possibly won't see it. Uninsured is NJS 39:6B-2. NJS39:3-29 is Failure to Possess Documents.

[bigjake54]

Originally Posted by rscalzo

Good luck with that. As there is no online database, the best that can be done is a phone call. That might work if it's business hours. Otherwise most agencies will only fax the policy info if they receive an official request in writing.

Not that hard. The officer simply calls the number on the expired insurance ID card, from his own cellphone, and get an immediate answer. If it's after hours, call the next business day. In there's no insurance, issue to the driver and owner.

Originally Posted by rscalzo

Uninsured is NJS 39:6B-2. NJS39:3-29 is Failure to Possess Documents.

If issued, the OP should call the court for the status.

[bigjake54]

Originally Posted by Kracer

if you have minimum coverage, no collision, ... your insurance co has no obligation to pay for your damages, they will not go after the other insurance company.

Why would they? They're your insurance company, not your lawyer. You chose not to pay for collision, and you want them to do something for you?

Originally Posted by Kracer

I just had liability and personal insurance, got hit, the other drivers fault, my insur co stood by with its hands in its pockets because it was no skin off their nose.

Which is what they should do!

Originally Posted by Kracer

My lesson was that auto insurance companies have a gold mine nickel and diming customers.

An observation by someone who's too cheap to buy collision insurance on his own car.