What to do about a civil court default?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about a civil court default?
I was in a car accident where I was not at fault. I filed a claim with the other driver’s insurance and it responded that would pay 60% of the cost to fix my car (stated that I was 40% liable). I filed a claim in Special Civil Part, the other driver didn’t respond so the case defaulted. Can I accept the 60% from the insurance company of the other driver now and start repairing my car (which has been sitting since the date of the accident (8 months), while I pursue collecting from the other driver (I need to request default judgment etc.)?
Asked on July 21, 2012 under Accident Law, New Jersey
Answers:
Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.
Answered 12 years ago | Contributor
You indicated that you were involved in an auto accident. The other driver's insurance company agreed to pay 60% of the cost of repairs to your vehicle, having made a determination that you were 40% at fault in causing the accident. You then indicated that you filed (presumably) a lawsuit against the other driver who failed to file any responsive pleadings. Your question is whether you can accept the 60% from the other driver's insurance company, and then pursue the othter driver for the remaining 40%. First, I would advise that you retain the services of an experienced attorney. If you sued the other driver, then the other driver's insurance company most likely had a contractual obligation to provide legal representation to their insured. If you accept the 60% from the other driver's insurance company, they will most likely require you to sign a "release" of all claims against their insured. On the other hand, if you obtained a judgment against the other driver, the court will award you whatever it feels is a just judgment. Consult with an attorney immediately.
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 AttorneyPages.com 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.