New Jersey Complaint regarding Auto Accident (Guest Passenger vs Defendant Driver)

State:
Multi-State
Control #:
US-PI-0290
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
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FAQ

Car Insurance In New Jersey It's a common misconception that car insurance is attached to the driver who owns the policy rather than the vehicle the policy covers. In contrast, insurance follows the vehicle that is insured regardless of who is in control of the car.

If someone else is driving your car and gets in an accident, your car insurance will likely cover any resulting damage. Car insurance generally follows the car instead of the driver, so the car owner's insurance will cover the crash, even if someone else is driving.

Even in a cut-and-dry case where an insured driver is on the policy and at fault, it can be difficult to get the payout you're entitled to. When a driver is not listed on the insurance policy, the insurer may dispute liability (or fault) because the person involved isn't covered.

New Jersey is one of only 12 no-fault car insurance states. To make things more complicated, it uses a unique ?choice? no-fault law. You may need assistance from a car accident attorney to understand New Jersey's complex no-fault system and recover fair financial compensation after your car crash.

When someone borrows your car and causes an accident, any claims for damages by other parties are made against your insurance policy. If the cost of losses or damages caused by the accident is more than your policy limit, you may be personally responsible for paying the balance.

In these circumstances, representing both would present a conflict of interest. Where, as here, the passenger may raise a claim against her own driver, the representation of one client will be directly adverse to another.

Car insurance generally follows the car instead of the driver, so the car owner's insurance will cover the crash, even if someone else is driving. On the other hand, if your car is taken without permission or the driver is not licensed, the driver is responsible.

New Jersey is a no-fault state, which means your accident damages are typically paid for by your own insurance policy, regardless of whether you or another driver was at fault. In New Jersey, the damages are paid by the driver who caused the accident (or that driver's insurance policy).

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New Jersey Complaint regarding Auto Accident (Guest Passenger vs Defendant Driver)