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Small Claims Court Motion to vacate Default for an auto accident.

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sdsys

Junior Member
What is the name of your state?New Jersey
Accident Facts: Date of accident June 1, 2005. Defendant was issued a ticket for careless driving. Police report states the accident was caused by defendant's action. My wife was hurt in the accident (Shoulder and neck pain). Currently my wife is going to therapy. Our PIP coverage is paying for her treatment. State farm (defendants insurance) said they will pay only 65% of my claim. I went and file a small claims court case against the defendant.

I got a default order for auto accident on august 1, 2005. The summons was issued on July 21 to the defendant, the trail date was august 1, 2005. She didn't show up. I was waiting for the military service information from DOD which I need to get the default order, that's when I got a letter from her company lawyer stating that they are planning to represent her and they filed a motion to vacate the default saying that defendant was on vacation and didn't notify her insurance company (state farm) till august 5th. They got the case file from her insurance company (State farm). I am planning to object the motion. My question is should I say in the objection that she didn't report the accident till I called her insurance company and she did the same when she got the summons. Please help.
 



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