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Question: Auto Accidents - New Jersey

Asked on 11/14/2009

My boyfriend borrowed my car and got hurt in an accident that was the other drivers fault, what can we sue for?

I gave permission for my boyfriend to use my car. He was stationary, with his blinker on, waiting to make the turn onto our street. He was rear-ended and now the car is totaled. My boyfriend is complaining of neck, shoulder, and back pain. He has been to the hospital twice. The person who hit him accepted fault because he said it was "his bad". He was playing with the radio and took his eyes off the road. Can I go after his insurance company for my car and can he sue for pain and suffering? If so, who has to pay the other driver or the insurance company?


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Answers (3):

MTD, Member in Good Standing of the California Bar


Does your insurance cover your authorized drivers? Ensure you have liability and personal injury protection.  This is in case all medical costs and damages cost more than the other driver's coverage limits.

Then, your boyfriend should keep a daily journal of pain he feels, etc, and medicines he is on and doctors he has seen. Further, if he has any visible injuries like bruises, he should take pictures.  In terms of the other driver's fault, you can do a couple of things.

Either hire an attorney to represent you and your boyfriend and sue the other driver and his insurance company or if your insurance covers attorney costs, contact your insurance company to hire such an attorney.

You can sue (as indicated above) but the recovery amounts will depend on your medical costs, attorney fees, amount of damages, and if you settle out of court.



  • Answered on 11/14/2009
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Bruce Hasbrouck


The simple answer is Yes.  Based on the facts you have provided, and depending on your policy as well, you have a cause of action for the damages you have incurred and your friend does as well. The previous advice you have received in sound advice. There will be a number of people that will try to (with good intentions) give you advice.  You are better served to continue to obtain legal advice from an attorney. lawyersouthjersey.info



  • Answered on 11/15/2009
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Yes, you can bring a lawsuit. Telephone me at either (732)932-7226 (office) or (732)710-0004 (cell) and make an appointment to see me. When you come to my office, bring the police report and the information regarding your car insurance. Photographs (taken immediately) of your boyfriend's injuries, physicians he is seeing and prescribed medicines he is taking are some of the keys to a successful outcome.



  • Answered on 11/15/2009
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