A car hit my house! Oy

A vehicle swerved off the road, crashed into my landscaping and my front porch. He was cited for tickets on police report and is at fault. I can go through my homeowners or his car insurance. I started to go through his car insurance for fear of length to get my deductible back. His car insurance claims rep is stating that they will depreciate the value. This part I understand, they have the right to depreciation, if I go through my homeowners they subrogate. She tells me there is NO WAY to get 100% through them. I live in NJ. Any help would be appreciated! Thanks in advance! M.

Asked on June 11, 2009 under Accident Law, New Jersey


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I presume you have filed a claim against the guy's car insurance.  Do not listen to the rep.  Compile all of your damages and get estimates to make the house good as new.  Then send a demand letter for the amount due to fix your hose.  Let them know that you will take legal action if the amount is not paid in 14 days.  If the payment is not received, then hire a lawyer to file a lawsuit begining with a Prejudgment Remedy that seeks to place a lien on the guys house.  Then have your lawyer issue a discovery request seeking to know what the guy's insurance policy limit so you know how much you can get from insurance.  if the insurance isnt enough, you can take the house or whatever equity there is and then garnish the guy's wages till you are paid in full.  Play hard ball :)

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.