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Good morning. I'll be assisting you with your question.
Has the other driver actually filed suit yet?
YES GO TO COURT WEDSDAY
OK. New Jersey is a comparative negligence law. Under that law, the judge will hear all the evidence and determine a percentage of fault for each party. He will then give the plaintiff money equaling the percentage of fault of the defendant. I know that can be confusing, so I'll give you an example.
PS HE CAME TO MY HOUSE I TOLD HIM IWAS NO GOING TO SUE HIM I DIDN'T GET SO BAD JUST LUCKY SAID I DID'T WANT HIS 18 OLD SON TO GET IN INSURANCE TROUBLE
6 MONTHS LATER GET SUE NOTICE IN MAIL
Say Plaintiff (P) is suing defendant (D) for $1000. If the judge determines the accident was 30% P's fault and 70% D's fault, P will recover 70% of his damages, or $700.
So, you need to determine what percentage of fault you think you have and offer him that amount, or a little less.
I will say, however, since you were issued a ticket and were driving on the wrong side of the road, there is a strong possibility that you will have a significant amount of liability.
HIM NOT GOING THUR INSURANCE DOSE NOT MAKE SENCE TO ME
Yea, I really can't say why he isn't doing that. It doesn't make sense to me, either, but it really doesn't impact the case that is going to court. There is no legal requirement that he goes through his insurance. But, it is very strange.
HE HAS 2 QUOTES TO FIX CAR I THOUGHT I I PAY DEDUCTABLE HE SHOULD BE SAFSITIED
He should be, but he isn't legally obligated to take that. There must be a reason he isn't. If you have to go to trial, you will have the opportunity to ask him. But, I wouldn't get too hung up on that since there isn't much you can do about it.
I WAS GOING UP HILL MY E BIKE GOES 17 MPH MAX ON FLAT GROUND JUST BEFOE ACCCIDENT I SHOOK MY HANDLE BARS VERY FAST SIDEWAYS TO TRY TO TELL THE KID TO TURN HE SAYS I DIIDN'T HAVE CONTROL IF YOU DO THAT SHAKING AT ANY REAL SPEED YOU WOULD TOSS YOURSELF THE BIKE I FIGURE IWAS GOING 2-3 MPH MAX IF NOT STOPPED BELIVE HE PANICED AND HIT ME
Yes, clearly he would have some liability, too. The question is what percentage a judge would give him and what the judge would give you. Even if you each had 50% liability, and he's asking $3000, you would owe him $1,500.
So, it's all about what percentage you get and what percentage he gets. That is a call that is left up to the judge, so I can't say what you will each get.
But, like I said, since you were given a ticket, you are in a somewhat difficult spot.
MY LAWYER AT THE TICKET COURT OFFERED HIM THAT HE WANTSIT ALL SMALL CLAIMS LITAGATOR WILL BE TALKING TO US BOTH SHOULD I SUE HIM FOR ME GETTING HURT WENT OVER ONTO HOOD TOSSED INTO CURB GOT 2 SMALL HOLES IN ARE AND NORW LEFT SHOULDER I CAN'T SLEEP ON I THINK HE GOT SOMEONE TO FIX SON'S CAR CHEAP AND WANTS TO MAKE A BUCK
You could file a counter claim. The same rules would apply. The judge would determine what percentage of fault you each have for YOUR injuries, and divide up the money based on that.
IF HE WENT THUR THE INSURANCE CO WHAT WOULD THE INSURANCE CO DO SUE ME
Yes, but it would be the same as him suing you.
The insurance company would likely try to settle with you before suing.
IF YOU WHERE THE LIGATOR IN SMALL CLAIMS COUTRT WHAT WOULD YOU THINK WAS FARE
It is really hard to say without all the evidence, but based on what you've said, I'd say you will probably get between 50%-75% liability. If I were you, I'd offer half of what they are asking for.
WOULD IT BE OK AFTER WE ALL TALK IN SMALL CLAIMS SAY I WOOD LIKE THE LIGATOR TO DECIDE THE OUT COME SEE IF HE GOES FOR IT DON'T YOU THINK HE HIT MEI WENT ON TO HOOD ORVE SID OF CAR AND WAS ON GROUNG SLIGHTY WEDGED BETWEEN HIS DOOOR AND CURB
I think you can speak with him and try to work it out before it goes to the judge. In fact, that's how most cases get worked out.
THIS GUY WHEN I PHONE HIM WOULD NOT GIVE ME HIS AUTO INSURANCE HE KEPT SAYING WHAT A GREAT GUY HE WAS SAID THE TOWN SAYING I AM THE TOWN DRUNK HE MUST HAVE FOUND OUT I GOT A DWI AND HE SAYS HE GOT VIDEOS OF HOW FAST MY BIKE REALLY GOES THIS GUY IS A REAL WINNER
He sounds like it.
Your prior DWI should not come into evidence in this case, assuming you weren't drunk when the wreck happened.
WHAT WOULD RATTLE HIS CAGE TO LOOK STUPID IN FRONT OF LIGAGAOR SMALL CLAIMS REALY DON'T WANT THESE CASES TTO GO TO TRAIL
It would, but I suggest that you make every effort to settle this before it goes to court. Going to court can be expensive, time consuming, and stressful. Also, there is always the chance the judge doesn't see things your way and you end up owing lots of money.
Do you have any questions?
IF IT GOES TO THE COURT WHAT MORE DO I HAVE TO PAY IF ALL HE WANTS IS 3000
That's all you will have to pay if you lose.
WHAT WILL THE LIGATOR SAY IN YOUR OWN OPINION
Like I said, I think you will be 50-75% liable.
OK I HOPE THIS PERSON CAN SEE WHAT THIS GUY IS TRYING TO DO
I hope so, too.
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