If a fence wasdamaged by a collision between 2 vehicles and nobody is paying up, what are my options?

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If a fence wasdamaged by a collision between 2 vehicles and nobody is paying up, what are my options?

The insurer of the vehicle that hit my fence claims the fault is with the driver of the second vehicle and they are trying to go after him but his insurance info based on the police report lead to dead ends. How much is either of the really liable as I am now being advised by the insurer of vehicle 1 to go after the driver of vehicle 2 myself, in small claims court if need be. I am really disappointed with all this.

Asked on July 13, 2012 under Accident Law, New Jersey

Answers:

John Ducey / Law Offices of John G. Ducey,PC

Answered 8 years ago | Contributor

You should get the driver information and if it is true that the at fault driver does not have insurance you should go to the police station and report it.  If it is within the time allowed the police or you if they will not do it can write a summons for 39:6B-2 which is driving without insurance.  You may be able to get restitution that way.

 

John Ducey

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

Probably sue both.  If you can't access enough information on the one driver to serve them papers, then sue the other.  If anything else, it may motivate them to help you get driver #1's information. 

Which driver is at fault in the police report?  That is the party you have the best chance of successfuly suing.  You really need to have a local attorney evaluate the case and then see if going to small claims on your own is the best idea.

Best of luck.


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