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  • Posted on Wednesday, April 18th, 2012 at 4:37 pm

    PIP, PIP HOORAY!!!

    In a recent decision, Wise v. Marienski, the New Jersey Superior Court, Law Division, held that victims of automobile accidents are not precluded from recovering medical expenses from the tortfeasor beyond those paid under a personal injury protection (“PIP”) insurance policy. Prior to this decision, New Jersey courts had held that car accident victims could Read More

  • Posted on Friday, January 27th, 2012 at 1:14 pm

    So, You Had an Accident

    Recently, a friend of mine was involved in a car accident. Having never had an accident before, he was a bit shaken up and called me from the scene of the accident. Here’s what I told him to do. Call the police. No matter how “minor” the accident may seem, err on the side of Read More

  • Posted on Tuesday, December 13th, 2011 at 11:37 am

    PIP Coverage – Some Things to Know

    New Jersey is one of many states that have a Personal Injury Protection (PIP) system in place as part of your automobile insurance coverage. The purpose of PIP as part of comprehensive reform was to lower auto insurance premiums, although it has not necessarily worked out that way. When you purchase a policy of auto Read More

  • Posted on Friday, August 26th, 2011 at 10:41 am

    Hands Free Required? Not Always

    In New Jersey, state law prohibits drivers from talking to or listening to another person on the telephone, text messaging or sending an electronic message unless the driver is using a hands-free device. But even when using a cellphone hands-free, it is sometimes necessary to push certain buttons on the phone, for example to start Read More

  • Posted on Friday, June 10th, 2011 at 9:03 am

    No Insurance? Big Problem

    New Jersey has a law that bars an injured person from suing for pain and suffering arising from a car accident  if that person does not have the requisite insurance on his/her vehicle at the time of the accident. What happens if the injured person is not the operator of the vehicle but is merely Read More

  • Posted on Wednesday, April 27th, 2011 at 5:57 pm

    Injured Abroad, Redressed at Home

    In a recent decision handed down by the New Jersey Supreme Court, plaintiffs injured in a car accident South Africa were allowed to move forward with their lawsuit against the defendants, which included the driver of the car the plaintiffs were passengers in at the time of the accident and the driver’s employer, in New Read More

  • Posted on Thursday, March 3rd, 2011 at 2:51 pm

    Drinking, Driving and Belching – Does It Mean DUI ?

    In a recent case, State v. Korpita,  the Appellate Division affirmed a refusal to take an Alcotest conviction of a former municipal court judge who continuously belched for 75 minutes, effectively preventing the police officer from administering the test. According to proper Alcotest protocol, if a defendant burps before giving a breath sample, the Alcotest operator must Read More

  • Posted on Monday, January 17th, 2011 at 12:06 pm

    Wrongful Death Claims and Uninsured Drivers

    Under New Jersey law, an uninsured owner/operator of a car who is involved in an accident which results in injuries to the operator is precluded from recovering damages for both economic and non-economic (pain and suffering) loss.  See N.J.S.A. 39:6A-4.5(a). An interesting but previously unanswered question is whether the survivors of an uninsured driver who Read More

  • Posted on Tuesday, December 21st, 2010 at 5:51 pm

    Emotional Rescue for Fido?

    In McDougall v. Lamm, the Appellate Division of the New Jersey Superior Court recently considered whether to allow damages for emotional distress to a plaintiff who witnessed the violent death of her dog.  While out for a walk, the plaintiff’s dog was attacked and killed by another larger dog.  The plaintiff witnessed the attack and sued the Read More

  • Posted on Thursday, December 9th, 2010 at 4:54 pm

    Host Safely

    The Holidays are upon us once again, and with the season come invitations to parties, dinners, cocktail hours and other events to celebrate it.  You may even be planning to host your own holiday gathering.  If you are hosting an event this holiday season and plan to serve alcohol, please keep the following in mind.     Under New Read More

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