NJ Court rules that you must cooperate with your NJ car insurance company after an NJ car accident or else…
Mar 10th, 2008 | By Michael L. Saile, Jr., Esq. | Category: Blogs, New Jersey Injury InformationIn a decision handed down last week, the NJ Appellate Division ruled that due to the fact that an owner and driver of a car which was involved in an NJ car accident did not cooperate with (or even respond to) their insurance company, the NJ car insurance company could deny car insurance coverage for the NJ car accident.
This case involved an NJ car accident where the liability (fault) was clearly shown by witnesses and the police accident report. Furthermore, the driver of the vehicle that caused the NJ car accident was not the owner of the car or an “insured” driver.
From the opinion of the court, it appears that the owner of the car was not in the car at the time of the accident. The NJ car insurance company then attempted to contact the owner of the car several times regarding the NJ car accident and received no response. Therefore, the NJ car insurance company denied insurance coverage because the owner violated the “Cooperation Clause” of his insurance contract.
The court finally held that because there were many unanswered questions regarding the accident, such as “permissive use”, that the NJ car insurance company could not properly defend the lawsuit for personal injuries.
See Hager v. Gonsalves, et. al., here: Hagar v. Gonsalves.pdf
The author of this Blog, Philadelphia car accident lawyer, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law focuses his practice on fighting for plaintiffs’ personal injury and car accident victim’s rights in both Pennsylvania and New Jersey. We handle all serious injury cases including, car accidents (both limited and full tort), wrongful death, slip & fall downs, construction accidents, Septa, NJ Transit, and other cases other cases. We are located just outside of Philadelphia in lower Bucks County. We also handle Philadelphia plaintiffs’ personal injury and car accident cases. Please visit our personal injury only website at www.pa-nj-injurylawyer.com for more injury information.
