What to do about a civil court default?
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What to do about a civil court default?
I was in a car accident where I was not at fault. I filed a claim with the other driver’s insurance and it responded that would pay 60% of the cost to fix my car (stated that I was 40% liable). I filed a claim in Special Civil Part, the other driver didn’t respond so the case defaulted. Can I accept the 60% from the insurance company of the other driver now and start repairing my car (which has been sitting since the date of the accident (8 months), while I pursue collecting from the other driver (I need to request default judgment etc.)?
Asked on July 21, 2012 under Accident Law, New Jersey
Answers:
Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.
Answered 11 years ago | Contributor
You indicated that you were involved in an auto accident. The other driver's insurance company agreed to pay 60% of the cost of repairs to your vehicle, having made a determination that you were 40% at fault in causing the accident. You then indicated that you filed (presumably) a lawsuit against the other driver who failed to file any responsive pleadings. Your question is whether you can accept the 60% from the other driver's insurance company, and then pursue the othter driver for the remaining 40%. First, I would advise that you retain the services of an experienced attorney. If you sued the other driver, then the other driver's insurance company most likely had a contractual obligation to provide legal representation to their insured. If you accept the 60% from the other driver's insurance company, they will most likely require you to sign a "release" of all claims against their insured. On the other hand, if you obtained a judgment against the other driver, the court will award you whatever it feels is a just judgment. Consult with an attorney immediately.
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