Insurance Law Posts

The New Jersey Insurance Fair Conduct Act—Signed Into Law

The New Jersey Insurance Fair Conduct Act—Signed Into Law

On January 18, 2022, Governor Phil Murphy signed The New Jersey Fair Conduct Act, allowing policyholders to pursue a private cause of action against their insurance company when the insurer unreasonably delays or denies uninsured (UM) / underinsured (UIM) motorist claims.

 

Under the new law, an insured individual claiming UM/UIM benefits may now file a civil lawsuit against their insurance company if the company...

Can I Sue? Common Scenarios/Situations Following A New Jersey Car Crash

Can I Sue? Common Scenarios/Situations Following A New Jersey Car Crash

If there’s one thing worse than being in a car accident, it’s finding out that an unforeseen issue may or may not prevent you from pursuing adequate compensation. You may be in pain, daily life activities such as housework, school, or work are now more challenging, and medical bills are piling up.

 

What happens if the other driver does not have any insurance or a minimal amount of insurance? What if you are an undocumented/illegal immigrant? What if your license is suspended or your insurance has lapsed? As every accident involves many factors, it’s hard to say how your specific situation will play out, but the following post aims to answer common situations generally.

The New Jersey Insurance Fair Conduct Act Passed—Awaits Governor's Signature

The New Jersey Insurance Fair Conduct Act Passed—Awaits Governor's Signature

On January 10, 2022, just before the conclusion of the 219th New Jersey Legislature, The New Jersey Insurance Fair Conduct Act (S1559/A1659) squeaked through both houses and now sits on the desk of Governor Phil Murphy.

 

The new law establishes a private cause of action for first-party claimants regarding certain unfair or unreasonable practices by their insurer. It continues to be hotly contested by the insurance industry...

Snow and Ice Accidents: What to Know About Car or Truck Accidents, as well as Slip and Fall Accidents Caused by Snow or Ice

Snow and Ice Accidents: What to Know About Car or Truck Accidents, as well as Slip and Fall Accidents Caused by Snow or Ice

Southern New Jersey experienced a tremendous amount of snowfall today, and we are again reminded that New Jerseyans are no stranger to winter conditions and the difficulty it presents in getting around, whether it be on foot or driving a vehicle. When winter conditions are a factor in a car crash, determining whether the crash was the fault of another party or just an accident can often be tricky. Likewise, where snow or ice is a factor in a slip and fall, it again can be challenging to determine whether the fall resulted from the pedestrian’s failure to observe conditions or the fault of another party for not properly clearing a walkway...

How to read a New Jersey Police Report and what to do if your car or truck accident report is incorrect

How to read a New Jersey Police Report and what to do if your car or truck accident report is incorrect

Whenever there is a car accident, New Jersey law requires calling the police to report an accident. N.J.S.A. 39:4-130. This report will be used as the official description of the accident. While official, it may not be entirely correct or representative of what actually happened.

 

This occurs on countless occasions and for myriad reasons, whether you were shaken up and not thinking clearly, the officer misheard your statement or wrote down the wrong information, or the other party gave a false narrative of the happening of the collision. Whatever the reason is, it is crucial that you clear up any inconsistencies as soon as possible...

New Jersey's Most Common Types of Car Accidents and Common Resulting Injuries

New Jersey's Most Common Types of Car Accidents and Common Resulting Injuries

Motor vehicle accidents and resulting injuries are all too common in New Jersey. In fact, according to Zebra.com, the most dangerous highway in the United States is Interstate 95 (I-95), which runs right through New Jersey, and accounts for the highest number of overall fatalities (284) and fatalities per 100 miles (14.88).

 

Consequently, motorists are well-advised to drive carefully in New Jersey, especially when traveling on I-95. The following offers general information regarding the most common types of car accidents and the most common types of injuries that may result.

Who Pays My Medical Bills After An Accident? An Overview of NJ PIP Law

Who Pays My Medical Bills After An Accident? An Overview of NJ PIP Law

New Jersey’s car insurance system is unlike most other states in that the state utilizes a no-fault system. Contrary to many other states, medical bills are typically paid for by each individual’s own insurance. The system intends to provide injured claimants with speedy compensation of medical bills without the need to determine fault. Nevertheless, the no-fault system still has complicated features of its own...


New Jersey Car Accident Settlement Process, Timeline, and Frequently Asked Questions

New Jersey Car Accident Settlement Process, Timeline, and Frequently Asked Questions

What is a good settlement offer, and will I get more money if I hire a personal injury lawyer?

A good settlement offer is as much as you can get, and that is best achieved by hiring a personal injury lawyer. In fact, a study conducted by the Insurance Research Council indicated that people who have suffered bodily injuries in a car accident win 3.5 times more in settlement money than those who did not hire a personal injury attorney. The study additionally found that in eighty-five percent (85%) of cases where an insurance company settled an injury claim, the injured individual had hired an attorney...

What happens if you get in a car accident involving Uber, Lyft, DoorDash, Grubhub, or Uber Eats?

What happens if you get in a car accident involving Uber, Lyft, DoorDash, Grubhub, or Uber Eats?

Rideshare Companies (Uber and Lyft)

The million-dollar question, well, in this case, the one-and-a-half-million-dollar question is, can I sue a rideshare company such as Uber or Lyft if the accident was caused by one of their drivers? Well, depending on whether one of these apps was in use at the time of the accident, there may be $1,500,000 available in insurance coverage, along with other favorable conditions regarding New Jersey’s verbal threshold/limitation on lawsuit...

Can you sue for injuries after a car accident in New Jersey? An analysis of the verbal threshold (or limitation on lawsuit) and the deemer statute

Can you sue for injuries after a car accident in New Jersey? An analysis of the verbal threshold (or limitation on lawsuit) and the deemer statute

The State of New Jersey has some of the most complex auto accident laws in the country. However, among the scheme of auto accident laws in New Jersey, two laws in particular are widely misunderstood: the verbal threshold (also known as the limitation on lawsuit) and the deemer statute.

 

History of the Verbal Threshold/Limitation on Lawsuit in New Jersey

New Jersey utilizes a “no-fault” law, which was first enacted as part of the New Jersey Automobile Reparation Reform Act. L. 1972, c. 70...

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