New Jersey Automobile Accident Attorney
NJ Auto Accident Lawyer
In New Jersey, as in most states, everyone who drives a car is required to have auto insurance. If you are injured by a negligent driver, this auto insurance is required to "defend and indemnify" that negligent driver- the so called "tortfeasor." This means that the insurance company for the negligent driver has to appoint and pay for lawyers to represent them and must pay any settlement or jury award up to the policy limits. These insurance companies will often "pull out all the stops" to reduce or avoid all together paying you on your claim. A number of insurance carriers are known in the legal community as more often than not taking a hard line "no pay" or "pay very little" position. It is often said the insurance industry goes by the motto, "delay, deny, defend, don't pay." The tougher the insurance company, the more competent your lawyer should be to guide you through the torrent the insurance company will put on your course to recovery.
Automobile liability insurance is viewed as primarily protecting and benefiting those third parties that are injured because the New Jersey views insurance as an “instrument of social policy that the victims of negligence be fully compensated.” Cooper v. Government Employees Ins. Co., 51 N.J. 86, 94 (1968).
It is widely held that a “[t]hird-party beneficiary's rights depend upon, and are measured by, terms of contract between promisor and promisee.” Roehers v. Lees, 178 N.J.Super. 399, 409 (App.Div.1981). Thus, as a third party beneficiary, one who is injured by an automobile that is covered by a liability policy, derives his rights from the insured. Whittle v. Associated Indem. Corp., 130 N.J.L. 576, 578 (E.&A.1943). Because his rights are purely derivative, the injured party’s rights are no greater or less than the insured’s, whose shoes he stands in. Id. Under this rule, the third party beneficiary, “may, in his or her own right and name, enforce a promise made for his or her benefit even though such person is a stranger both to the contract and to the consideration.” Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303, 307 (1927). Therefore, under an automobile liability insurance policy, anyone injured in an accident is by law, a third party beneficiary of the contract and may assert any rights that the insured party is deemed to possess. Our auto accident attorneys will work hard to recover those benefits - whether by settlement or court trial - in your auto accident personal injury case.
Despite the common nature of automobile accidents, each case involves a unique set of facts, circumstances, causes, and claims. Since automobile accidents can lead to catastrophic injuries or death, it is imperative to ensure that your legal rights are protected with an experienced automobile accidents attorney. At Keefe Bartels LLC, our New Jersey automobile accident attorneys are highly experienced in taking on even the most complicated car accident cases on behalf of the victims and families of serious auto accident injuries.
A car accident can result in serious or fatal injuries and result in costly medical expenses, damages, long-term care needs, as well as lost wages. We work to recover for you financially from the insurance company of the car that hit you, so you can begin to recover physically.
If you have been involved in an automobile accident, trucking or motorcycle wreck:
- Do not speak with the insurance company of the car that hit you without first consulting with an attorney
- Contact an attorney as soon as possible to conduct an early investigation and preserve critical evidence
- Seek necessary medical care and preserve medical documentation of your injuries
- Do not settle without first consulting with an attorney- the insurance company will probably try to buy you off cheap
At your free consultation, our attorneys will provide you with a case evaluation to detail your prospects for recovery. We always provide our clients with reasonable expectations and take the time to explore all options and alternatives. With our support, guidance, and advocacy you can trust that your rights and claims are protected.
Our New Jersey automobile accident attorneys can assist you with any of the following:
Spinal cord, brain injury, paralysis
- Car collisions
- Pedestrian accidents
- Bicycle accidents
- Trucking accidents
- Wrongful death
- Drunk-driving accidents
- Alcohol-related crash
- Seat belt failure
- Rear end, stop sign and turn accidents
- Hit and run drivers
- Multi-car pile up crashes
For more information or to speak with an experienced Newark, New Jersey auto accidents lawyer, contact Keefe Bartels LLC.
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