• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

car got hit, no collision coverage

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

PASS

Junior Member
What is the name of your state? NJ

I have a friend whose car got hit by another car, police arrived and made report and said it was 100% fault of the other driver. Both have the same NJ Manufacturer's car insurance. Since she does not have collision coverage and the car was considered totalled (towed away), she had to rent a car and get new car seat for toddler and eventually will have to buy another car. There were no significant personal injuries and the other car (SUV) was hardly damaged. How does she go about getting reimbursed for the damages since she does not have collision coverage? Does she need to obtain a lawyer or can she file and fight for claim herself given that it is the same car insurance that the other driver has? Thanks again for any help.
 


Happy Trails

Senior Member
PASS said:
What is the name of your state? NJ

I have a friend whose car got hit by another car, police arrived and made report and said it was 100% fault of the other driver. Both have the same NJ Manufacturer's car insurance. Since she does not have collision coverage and the car was considered totalled (towed away), she had to rent a car and get new car seat for toddler and eventually will have to buy another car. There were no significant personal injuries and the other car (SUV) was hardly damaged. How does she go about getting reimbursed for the damages since she does not have collision coverage? Does she need to obtain a lawyer or can she file and fight for claim herself given that it is the same car insurance that the other driver has? Thanks again for any help.
The at fault driver's insurance pays for it. It has nothing to do with your friend not having full coverage.

If your friend had been at-fault, then the other driver's vehicle would have been covered and not your friends.
 

PASS

Junior Member
thank you but can you be more specific?

I think she had contacted her insurance company initially and they had said that they won't file the claim with the other company (before she found out the other driver also has the same car insurance company) b/c she didn't have collision coverage (other than get started). So what you say may be true, but the question is does she need to get a lawyer or fight this out in small claims court to get reimbursement or fight her own insurance company who apparently represents both parties now? Can you be more specific than what you wrote, b/c in the real world, most insurance companies don't fight for you unless stated in your policy and the likelihood of getting 100% reimbursed even if she was not at fault is not likely.

According to another friend of mine, he states "Without collision coverage and with no injuries, she has no claim under her policy and I don't think her insurance company would get involved on her behalf (even if the accident involved someone insured through a different company). She should contact the company, find out how to file a claim under the other driver's policy and do so."
 

Happy Trails

Senior Member
PASS said:
I think she had contacted her insurance company initially and they had said that they won't file the claim with the other company (before she found out the other driver also has the same car insurance company) b/c she didn't have collision coverage (other than get started). So what you say may be true, but the question is does she need to get a lawyer or fight this out in small claims court to get reimbursement or fight her own insurance company who apparently represents both parties now? Can you be more specific than what you wrote, b/c in the real world, most insurance companies don't fight for you unless stated in your policy and the likelihood of getting 100% reimbursed even if she was not at fault is not likely.

According to another friend of mine, he states "Without collision coverage and with no injuries, she has no claim under her policy and I don't think her insurance company would get involved on her behalf (even if the accident involved someone insured through a different company). She should contact the company, find out how to file a claim under the other driver's policy and do so."
I see where the problem is New Jersey is a "no fault" state. No fault laws vary from state to state. You should check with a local attorney on regards to this. I think your friend is right though.

Keep checking back maybe someone who is familiar with NJ no fault law will answer.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top