Property Damage in Car Accident Collisions

Property Damage in Car Accident Collisions

Contact the Law Office of KENNETH A VERCAMMEN for Legal Representation
Kenneth Vercammen & Associates Law Office helps people who suffer personal injures due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a back, neck or other injury. If the damages are property damage to a car only and under $15,000, you can file your own suit in the Special Civil Part Court. The following law deals with damages to cars and other property:

The Judge will read the following to the jury if there is a jury trial:

If you ultimately find the plaintiff's (personalty involved) was damaged as a result of the defendant's negligence, plaintiff would be entitled to your verdict. Plaintiff would be entitled to money damages from the defendant for the loss suffered. The measure of damages for such loss is the difference between the market value of the (personalty involved) before and the market value after the damage occurred. If the (personalty involved) has no market value in its damaged condition, the measure of damages is the difference between the market value of the (personalty involved) before the damage occurred and its salvage value in its damaged condition. If the (personalty involved) is not substantially damaged and it can be repaired at a cost less than the difference between its market value before and its market value after the damage occurred the plaintiff's damages would be limited to the cost of the repairs. Cases: Jones v. Lahn, 1 N.J. 358, 362 (1949); Douches v. Royal, 1 N.J. Super. 45, 47 (App. Div. 1948); Associated Metals & Minerals Corp. v. Dixon Chemical &

Research, Inc., 69 N.J. Super. 305, 314 (Ch. Div. 1961); Hintz v. Roberts, 98 N.J.L. 768, 770 (E. & A. 1923).

Limitation: (1) The cost of repairs is evidential on the issue of the difference in value of goods before and after injury, but the cost of such repairs must neither exceed the loss in market value due to the damage nor the automobile's market value immediately before the damage. Jones v. Lahn, 1 N.J. 358, 362 (1949) damage to tractor-trailer; Bransley v. Goodman, 40 N.J. Super. 472, 476 (App. Div. 1956) damage to furniture; Nixon v. Lawhon, 32 N.J. Super. 351, 354 (App. Div. 1954) damage to automobile - cost of car, furnishings and repairs are elements of value; Douches v. Royal, 1 N.J. Super. 45, 47 (App. Div. 1948) damage to automobile.

(2) Where the automobile was damaged and then sold by plaintiff without any repairs having been made thereon, the measure of damages is the difference between the value of the automobile before it was damaged and the price which was received for it from the purchase (assuming the sale price is not less than the automobile's worth or value in its damaged condition). Van Sciver v. Public Service Railway Co., 96 N.J.L. 13 (Sup. Ct. 1921).

B. Evidence As To Value In determining the amount of money, if any, to be awarded to plaintiff (owner) for the damage to his/her (personalty involved), the jury may consider, but are not bound by, the testimony of the plaintiff (the owner) as to his/her opinion of the value of the property before and after it was damaged. Cases:

Rodgers v. Reid Oldsmobile, Inc., 58 N.J. Super. 375, 385 (App. Div. 1959); Nixon v. Lawhon, 32 N.J. Super. 351, 356 (App. Div. 1954).

Limitation:

The owner of personal property may be permitted to testify as to its value before and after damage where such person property is "of a common class or in general daily use," in the court's discretion, but not where the owner has not the slightest knowledge of such value. Rodgers v. Reid Oldsmobile, Inc., and Nixon v. Lawhon, supra.

Notes:

These rules for measuring damages are subordinate to the ultimate aim of making good the injury done or loss suffered. "The answer rests in good-sense rather than in a mechanical application of a single formula." N.J. Power and Light Co. v. Mabee, 41 N.J. 439, 441 (1964).

See "Damages," McCormick (West Pub. Co. 1969) p. 470 et seq., for full discussion of general subject of damages for personal property losses. C. Incidental Damages As A Result of Motor Vehicle Damages A plaintiff who is entitled to a verdict for property damage to a motor vehicle is also entitled to recover for necessary and reasonable out-of-pocket expenses for towing and storage of the vehicle and rental cost of a substitute vehicle whether the property damage to plaintiff's car is partial or total. As to any of the out-of-pocket expenses, the determination as to necessity for same and the reasonableness of both the cost thereof and the period of time required is for you, the jury, to determine in the light of all the circumstances in which plaintiff found himself/herself following the accident. Cases:

Hintz v. Roberts, 98 N.J.L. 768, 771 (E. & A. 1923); Bartlett v. Garrett, 130 N.J. Super. 193 (Co. Dist. Ct. 1974).

The following form helps clients itemize their property damage in accidents

1. Property Damage Itemize: (a) Automobile repair damage __________________ (b) Towing expense __________________________ (c) Car rental expense ________________________ (d) Car storage expense _______________________ (e) Total car damages _________________________ (f) Other property damage _____________________ (g) Clothing, glasses, wristwatch or other jewelry items __________________________________ ________________________________________ (h) Miscellaneous items and costs ________________

2. Wage Loss Itemize: (a) Time lost from work ______________________ (b) Wages lost per week ______________________ (c) Total wages lost _________________________

3. Transportation Expense Itemize: (a) Cabs ____________________________________ (b) Buses/Trains _____________________________ (c) Rentals __________________________________ (d) Mileage ___________________________________ (e) Total transportation expenses _________________

4. Medical Expenses Itemize: (a) Physician expenses, date incurred, and amount ___ ________________________________________ (b) Laboratory expenses, date incurred, and amount ________________________________________ (c) X-rays, date incurred, and amount _____________ (d) Accident room expenses, date incurred, and amount _______________________________________ (e) Ambulance expenses, date incurred, and amount ___ _________________________________________ (f) Medication expenses, date incurred, and amount ____ _________________________________________ (g) Therapy expenses, date incurred, and amount _______ _________________________________________ (h) Nurse or home healthcare expenses, date incurred, and amount _________________________________ (i) Miscellaneous medical expenses, date incurred, and amount ___________________________________ _________________________________________ _________________________________________ (j) Total medical expenses ______________________ _________________________________________

5. Housekeeping/Home Aid Expenses Itemize: (a) Number of weeks used _______________________ (b) Wages paid per week ________________________ (c) Miscellaneous items of expense associated with home care _________________________________ _________________________________________ (d) Total housekeeping/home care expenses __________ __________________________________________

6. Miscellaneous expenses ____________________________ ____________________________________________________________________________ ____________________________________________________________________________ __ If you have a personal injury, call KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for a confidential in-office appointment




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Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the “soft” approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you don’t protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced Oregon personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- “For Settlement Only” -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.

This means:
YOU DON’T OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a "confidential" appointment 732-572-0500

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

Admitted In NJ, NY, PA, US Supreme Court and Federal District Court.

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at 732-572-0500
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The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.