Insurance Companies Make Me Laugh
09-17-2003, 09:00 PM
#1
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Thread Starter
Join Date: Jul 2001
Location: NJ
Posts: 17,839
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 
can anyone find info on the "New Jersey Comparative Negligence Law" ??? i can't find a goddamn thing!
can anyone find info on the "New Jersey Comparative Negligence Law" ??? i can't find a goddamn thing!
09-17-2003, 09:14 PM
#7
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Join Date: Jul 2001
Location: NJ
Posts: 17,839
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.
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.
09-18-2003, 05:48 AM
#10
Senior Member
Join Date: Aug 2002
Location: Denver, CO
Posts: 4,985
Originally Posted by Jims5543' date='Sep 17 2003, 08:45 PM
Contact your States Insurance commissioner. They live for this stuff.
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 ****.