said they would give me $5k to fix my car and only pay 75% of the total bill....... i'm gonna call them back and tell them they can talk to my lawyer https://www.nopistons.com/forums/pub...IR#>/smile.png



can anyone find info on the "New Jersey Comparative Negligence Law" ??? i can't find a goddamn thing!

you go vosko! ! ! https://www.nopistons.com/forums/pub...1047683894.gif

did you get the info I postd?

yeah

https://www.nopistons.com/forums/pub...1047683621.gif



Any word when Ito is coming back ?

Good.

ito is back



Comparative Negligence



New Jersey is one of a number of states which have adopted a form of the comparative negligence rule. Under the comparative negligence doctrine, a plaintiff may recover if his/her negligence contributed to the damages provided their negligence was not greater than the party or parties against whom recovery is sought (not greater than 50%). However, the damages to which an injured party would be entitled will be diminished by the percentage of negligence attributable to the recovering party. N.J.S.A. 2A:15-5.1 et. seq. The purpose of the comparative negligence statute was to eliminate the harsh doctrine of contributory negligence which bars any recovery to a plaintiff if his/her own negligence contributed to the injury – regardless of how great or how slight the contributory negligence was.



Further, the New Jersey Joint Tortfeasor Act allows a plaintiff to recover the full amount of damages from any joint tortfeasor determined to be 60% or more responsible for the total damages. N.J.S.A. 2A:15-5.3(a) In the alternative, any party found to be less than 60% responsible for the total damages is only responsible for the percentage of damages attributable to that party. N.J.S.A. 2A:15-5.3© In the event a party is required to pay more than his share of the damage award in accordance with the Joint Tortfeasors Act, he/she may seek contribution from the other joint tortfeasors for the excess over his/her pro rata share. N.J.S.A. 2A:53A-3.

Contact your States Insurance commissioner. They live for this stuff.

as far as i can tell all it means is he cannot get any money from me https://www.nopistons.com/forums/pub...IR#>/smile.png

Yeah, but like I said before, ask to talk to your adjuster's boss first, when he tries to hand you some **** offer, you can rebut, and eventually use the line "I'll just go ahead and see if the state insurance commissioners office would be interested in this claim."



Remember, insurance companies are not in the business of paying claims - they'll lowball the hell outta you.



Oh, and this was a line that worked for me well: "My car was perfect before the accident. YOUR driver TOOK that from ME. I am not at fault, I am not responsible. YOU ARE."



After your car is fixed, drive out to their office and go to the manager guy and smack him in the face with your ****.