New Jersey Injury Attorney Blog

What happens if you are involved in an automobile accident in New Jersey and the driver that caused the accident has a limited insurance policy that is not sufficient to compensate you for the damages that you have sustained? This is a question that we are asked all the time.

In New Jersey, a 1983 statute was enacted that required every liability policy insuring every motor vehicle provide the insured with an option to purchase underinsured motorist coverage (UIM). Carriers were required to offer this coverage, with limits of at least $250,000.00 per person and $500,000.00 per accident, or a single limit of $500,000.00. The coverage gave motorists recourse to their own insurance policies when the coverage of a driver at fault in an accident is inadequate to compensate for injuries suffered.

What this means is that if you are in a New Jersey car accident with an at fault driver who has a policy of insurance with a limit of $15,000.00 and you have a UIM policy with limits of $100,000.00, you can potentially collect the $15,000.00 from the other party and then start a separate action for an additional $85,000.00 from your own insurance company. In New Jersey, there is no “stacking” of policies allowed. What this means is that you can not recover the value of the two policies combined, but can recover a maximum total amount of the full value of your UIM coverage.

There are multiple statutory requirements when dealing with UIM policies and it is very important that an experienced personal injury attorney get involved with your case as soon as possible. If you are involved in an automobile accident, call the Law Offices of Lependorf & Silverstein as soon as possible for a free consultation.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Underinsured Motorist Coverage

Bookmark:

An Irvington, New Jersey resident was returning from a family Christmas party to his residence in the early hours of December 26, 2008 when he was caused to slip and fall on an accumulation of snow and ice on an untreated sidewalk in front of his apartment rental. The man’s three year old daughter had fallen asleep in the car on the way home. The man was carrying his sleeping daughter in his arms when he fell. The man suffered no serious injury after the fall. Unfortunately, his daughter sustained a significant laceration to her forehead that required over two hours of plastic surgery at nearby Saint Barnabas Hospital in Livingston, New Jersey. The scar to her forehead likely will be permanent. In this case, the property management company responsible for clearing any ice and snow from the premises clearly failed to live up to the duty of care required to its tenants. Lawful visitors are also owed a duty of care.

Often, a property management company will hire a snow removal company to handle this responsibility. Regardless of the arrangement, injured tenants or visitors can recover damages for pain and suffering and for a loss of wages. Outstanding medical bills also can be included in a claim. If you have been injured due to a property owner’s failure to fulfill its duty of care, you may be entitled to damages. Please call a New Jersey premises injury attorney at the law firm of Lependorf & Silverstein, P.C. for a free consultation. It is important to inquire as to your rights shortly following the New Jersey slip and fall accident. Consult with an attorney at the law firm of Lependorf & Silverstein, P.C. for a free consultation before insurance companies begin to obtain written or recorded statements that could damage your claim later on.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Premises Liability

Bookmark:

A Jersey City family of four suffered severe injuries in a Thanksgiving Day crash after they were involved in a head-on collision on Route 440 with a wrong-way driver, according to this article in the Jersey Journal. Injured in this Jersey City auto accident were Dennis Almario, 31; Jenny Almario, 27; their 8-year-old daughter and 1-year-old son who were not identified.

They were visiting family in Bayonne and returning home when the accident reportedly occurred. Dennis Almario was driving north on Route 440 and was near Avenue C exit ramp when Alkex Gerashchenko, 26, driving his Nissan Altima southbound on the wrong side of the concrete median hit the Almarios’ Honda head-on. A Jeep Grand Cherokee then smashed into the back of the Honda. But the driver of the Jeep, 20-year-old Matthew Semanik, told police he was not able to stop in time although he slammed on his brakes. Gerashchenko was reportedly driving with a suspended license in a car that belonged to his girlfriend’s mother. Semanik and two others in his vehicle did not suffer injuries.

Auto accidents in New Jersey can have tremendous financial consequences for victims’ families. In this case, especially, I cannot imagine the hardship this young family of four must be going through. The father and mother – Jenny and Dennis Almario – are said to be in critical condition and both their children have been hospitalized with serious injuries. It is imperative that other close family members contact an experienced New Jersey personal injury attorney to find out what compensation the Almario family may be entitled to. A skilled New Jersey auto accident attorney will be able to advise them about the injured victims’ rights and legal options.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark:

A teenage boy was ejected from a vehicle on December 14th in an early morning New Jersey auto accident on Barrets Run Road near Trench Road, in Hopewell Township.

A white Chevy Cavalier with three occupants ran off the road into a plowed field around 3:00 a.m. The car eventually rolled over and came to a stop upright.

The driver, Brandon Peter, 17, of Hopewell Township, was ticketed for driving under the influence and careless driving.

The front passenger, Joseph Zirkle, 17, also of Hopewell Township, was ejected from the vehicle and was transported to the South Jersey Healthcare-Regional Medical Center, in Vineland, then later to Cooper University Hospital, in Camden, for treatment of back pain and lacerations.

Passengers that are seriously injured in an auto accident in New Jersey are almost always eligible to be compensated for their pain and suffering, as well as other economic and non-economic damages. It is important to call an experienced New Jersey personal injury attorney as soon as possible. There is investigation that must be conducted and forms that must be properly filled out.

In New Jersey there is no fault automobile insurance. What this means is that your own auto insurance company pays your medical bills, regardless of whose fault the accident was. In a case such as this, Joseph Zirkle’s medical bills will most likely be paid by his parents auto insurance. This sounds strange to many people, but it is the law in New Jersey.

If you have been involved in an auto accident, call the New Jersey personal injury attorneys at Lependorf & Silverstein for a free consultation. We can help you navigate through this tricky process and ensure that you are fully and fairly compensated.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark:

One person died and two suffered critical injuries in a November 29, 2008 auto accident in Cherry Hill after a car made an illegal U-turn on the New Jersey Turnpike and was struck by another vehicle. According to this news report, the fatal accident occurred when one car traveling southbound made the illegal turn and was hit by a vehicle traveling north on the Turnpike. The two people who were seriously injured were taken to an area hospital while a third person in said to have suffered minor injuries.

This is indeed a tragic crash, which apparently occurred because one of the drivers did not follow the rules of the road. There is no question that the person who made the illegal U-turn on the Turnpike committed a serious traffic violation. The other vehicle obviously did not expect the driver to make a turn at that location. In this case, it is clear that the driver who made the U-turn should be held responsible for the fatal injuries as well as the injuries suffered by the others in this New Jersey car crash.

In any auto accident, the driver who is responsible for causing the accident is held accountable for the damages caused including death, injury and property damage. Usually, victims are compensated by the at fault driver’s insurance company. If that driver does not have auto insurance or sufficient insurance to cover the damages, then the victims may be able to receive compensation from their own auto insurance policy’s “uninsured” or “underinsured” motorist coverage. The victims and their families would be well-served to immediately contact an experienced New Jersey personal injury lawyer who will advise them of their rights and legal options.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark:

A 14-year-old boy from Washington Township, who was critically injured in a Nov. 19 rollover accident, died on November 29, 2008. According to this news report, prosecutors have charged a 17-year-old boy, who remains unidentified because he is a juvenile, with two counts of vehicular manslaughter. Police say speed was a factor in the fatal accident when the Nissan Maxima driven by the teenager flipped over several times on southbound Route 17 in Waldwick. Another boy, 15-year-old Kevin Beattie of Emerson, who was a front seat passenger, also died in this tragic crash.

Police are also trying to determine if alcohol or drugs were a factor in this New Jersey auto accident. Officials are awaiting toxicology tests to determine whether the 17-year-old was operating the vehicle under the influence. This teenager, being underage, is looking at severe penalties if alcohol or drugs turn out be a factor in the crash.

However, for the families of the victims, it is a tremendous loss. Two young and promising lives have been lost. Our advice to the families of Kevin Beattie and the other deceased teenager, would be to retain the services of a knowledgeable and skilled New Jersey auto accident attorney, who will help ensure that the wrongdoers in this case are brought to justice. One more question also remains. If toxicology tests determine that the teen was drunk, then who provided him the alcohol? That person or establishment could also be held liable for the accident and fatal injuries.

If you or someone you love has been seriously injured in an auto accident involving a drunk or negligent driver, please call a truly experienced New Jersey personal injury attorney at Lependorf & Silverstein for a free and comprehensive consultation.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Rollover Accidents

Bookmark:

A driver, who was trying to park his car at a Woodcliff Lake supermarket lost control of his car on November 28, 2008 and ran over Nancy Helfrich, a 64-year-old woman, the Bergen County Record reports. Solly Tetefsky, 73, reportedly pulled into a parking spot in front of the A & P store when her foot “got stuck” on the accelerator.

Tetefsky’s car went over a pedestrian sidewalk and over a small flower bed, crossed a main driveway of the store and struck Helfrich. Tetefsky was not injured in this auto vs. pedestrian accident, but Helfrich was taken to the hospital with leg injuries. Tetefsky has not been cited or arrested pending a police investigation.

A lot of questions remain to be answered in this auto accident in Woodcliff Lake. It is not known whether Tetefsky suffered a medical condition. This incident also throws the spotlight on an important and often-ignored issue of senior drivers. This is one of the reasons why senior drivers must be carefully monitored and be required to stop driving if they have medical issues or if their health deteriorates. Senior drivers, who cannot see or react properly, are not only a danger to themselves but also to other motorists and pedestrians.

If you or someone you love has been seriously injured in a New Jersey pedestrian accident, please call a skilled New Jersey auto accident lawyer at Lependorf & Silverstein to find out about your rights and legal options. Negligent drivers who caused the accident and your injuries can be held financially responsible and made to compensate you for your medical bills, loss of wages and other expenses you incur as a result of the accident and injuries.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Auto Accidents , Pedestrian Accidents

Bookmark: