Bad Debt Collection
All businesses have accounts receivable and occasional disputes. Don't wait to resolve unpaid bills. It is a statistical fact that the age of an account receivable determines the potential for collectibility. The older an account, the more difficult it becomes to collect.
Contract should include Buyer liable for court costs and legal fees
In your sales agreements, you should charge interest, costs and attorneys fees in the event of failure to pay according to schedule. Require the person or company receiving goods on credit sign a purchase agreement. Otherwise, you cant recover attorneys fees or interests if the debtors fails to pay and tries to "stiff you". Unless the contract specifically states the buyer is liable for attorneys fees upon default, the judge cannot direct that the buyer pay your legal fees if there is a default.
Special Civil Part Court handles cases up to $10,000 In New Jersey, the court that hears disputes under $10,000 is called the Special Civil Part. The maximum amount which can be awarded has been raised from $5000 to $10,000. If you are owed even $15,000, you can file suit in Special Civil Part, but the maximum award you can receive is $10,000. In the Special Civil Part, the court costs of filing a complaint is under $50.00. Your attorney must prepare a complaint and a summons and deliver copies to the Special Civil Part Clerk. The complaint and summons is then mail by Certified and Registered Mail to the Defendant by the Court.
Don't let debt collectors violate Fair Debt Collection Act
The Fair Debt Collection Practice Act, 15 USCA Section 1692 was originally enacted in 1977 to provide remedies for unfair practices initiated by debt collectors in the collection of consumer- not commercial- debts. This applies to debt collectors trying to collect a debt for another company against a consumer. This law does not apply to a company trying to collect the debt itself. A formal verification notice must be mailed to the consumer debtor under the Fair Debt Collection Practice Act. The five items of information are
1) the amount of the debt
2) name of the creditor
3) a statement that unless the debtor disputes the validity of the debt within 30 days after the receipt of the notice, the lawyer will assume the debt is valid;
4) a statement that if the debtor notified the lawyer in writing within 30 days that the debt is disputed, the creditors will obtain verification of the debt or a copy of a judgment and mail it to the debtor;
5) a statement that the creditor will provide the debtor with the name and address of the original creditors, if different from the current creditor, if the debtor represents this in writing within 30 days;
The collection letter must contain the language "This is an attempt to collect a debt and any information obtained will be used for that purpose.
CONCLUSION
Where it is obvious the debtor has not intent on paying, the don't wait to file suit.
Friday, October 9, 2009
Bad Checks
BAD CHECKS
If someone is Indicted for BAD CHECKS, the Judge will read portions of the following to the Jury. They are called Request to Charge. If the amount of check is less than $200.00, the case will be heard in the municipal court
"The defendant (name) has been charged with the crime of issuing (or passing) a bad check (or similar sight order), in that the defendant allegedly:
(Read Indictment)
The pertinent part of the statute on which this indictment is based reads as follows:
"A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits an offense."
As used in the statute, the word "issue" means to put into circulation.1 The word "pass" means to move from one person to another, or hand from one person to another.2 A "check" is a draft drawn on a bank payable on demand.3 [Where appropriate, charge the following: A "sight order" is an instrument for an immediate collection of money.4 A "drawee" is the financial institution at which the issuer had, or made representation (he/she) had, an account at the time the check or order was issued or passed. The State must prove the following elements beyond a reasonable doubt:
(1) The defendant knowingly issued or passed a check [or, where appropriate, "sight order"] for the payment of money; and
(2) The defendant knew at the time (he/she) issued or passed it, that it would not be honored by the drawee.5
Knowingly. A person acts knowingly with respect to the nature of (his/her) conduct or the attendant circumstances if the person is aware that (his/her) conduct is of that nature, or that such circumstances exist, or the person is aware of a high
probability of their existence. A person acts knowingly with respect to a result of (his/her) conduct if the person is aware that it is practically certain that (his/her) conduct will cause such a result.
You may infer that the issuer knew that the check [or, where appropriate, "sight order"] would not be paid, if you find, either:
(a) The issuer had no account with the drawee at the time the check [or, where appropriate, "sight order"] was issued; or (b) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after issue, and the issuer failed to make good within 10 days after receiving notice of that refusal or after notice has been sent to the issuer's last known address. Notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.6
That is, if you find that the issuer had no account with the drawee at the time the check [or, where appropriate, "sight order"] was issued, or payment was refused by the drawee for lack of funds, upon presentation of the check [or, where appropriate, "order"] within 30 days of issue, and the issuer failed to make good within 10 days after receiving reasonable written or oral notice of that refusal or after reasonable notice has been sent to the issuer's last known address, you may then conclude, but are not required to conclude, that the issuer had knowledge the check [or, where appropriate, "sight order"] would not be paid. If you find that the State has proven all these elements beyond a reasonable doubt, then you may return a verdict of guilty. On the other hand, if you find that the State has failed to prove any of these elements beyond a reasonable doubt, then you must return a verdict of not guilty. If you find that the State has proven each of the elements of the crime beyond a reasonable doubt, then the State has the burden of proving beyond a reasonable doubt, the amount of the check [or, where appropriate, "sight order"]. You must specify if the amount of the check [or, where appropriate, "sight order"] is: (a) $75,000.00 or more;
(b) $1,000.00 or more but less than $75,000.00; (c) $200.00 or more but less than $1,000.00; or (d) Less than $200.00."
1 N.J.S.A. 12A:3-102.
2 Black's Law Dictionary.
3 N.J.S.A. 12A:3-104.
4 United Benefit Fire Insurance Co. v. First National Bank of Arizona, Phoenix, 405 P.2d 488 (l965).
5 These inferences do not apply in the case of a post-dated check or similar sight order.
6 Contrary to pre-Code law, the State is not required to prove that the defendant intended to defraud the victim. The State need only prove that the defendant knew that the check (or similar sight order) would not be honored. See, Commonwealth v. Frank, 468 A.2d 1131 (Pa. Super. 1983) and Commonwealth v. Mutnik, 486 Pa. 428, 406 A.2d 516 (1979) which define the Pennsylvania bad check statute which, as the Code statute, is based upon the Model Penal Code. See, also, State v. Passafiume, 184 N.J. Super. 447, 449 (App. Div. 1982).
If someone is Indicted for BAD CHECKS, the Judge will read portions of the following to the Jury. They are called Request to Charge. If the amount of check is less than $200.00, the case will be heard in the municipal court
"The defendant (name) has been charged with the crime of issuing (or passing) a bad check (or similar sight order), in that the defendant allegedly:
(Read Indictment)
The pertinent part of the statute on which this indictment is based reads as follows:
"A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits an offense."
As used in the statute, the word "issue" means to put into circulation.1 The word "pass" means to move from one person to another, or hand from one person to another.2 A "check" is a draft drawn on a bank payable on demand.3 [Where appropriate, charge the following: A "sight order" is an instrument for an immediate collection of money.4 A "drawee" is the financial institution at which the issuer had, or made representation (he/she) had, an account at the time the check or order was issued or passed. The State must prove the following elements beyond a reasonable doubt:
(1) The defendant knowingly issued or passed a check [or, where appropriate, "sight order"] for the payment of money; and
(2) The defendant knew at the time (he/she) issued or passed it, that it would not be honored by the drawee.5
Knowingly. A person acts knowingly with respect to the nature of (his/her) conduct or the attendant circumstances if the person is aware that (his/her) conduct is of that nature, or that such circumstances exist, or the person is aware of a high
probability of their existence. A person acts knowingly with respect to a result of (his/her) conduct if the person is aware that it is practically certain that (his/her) conduct will cause such a result.
You may infer that the issuer knew that the check [or, where appropriate, "sight order"] would not be paid, if you find, either:
(a) The issuer had no account with the drawee at the time the check [or, where appropriate, "sight order"] was issued; or (b) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after issue, and the issuer failed to make good within 10 days after receiving notice of that refusal or after notice has been sent to the issuer's last known address. Notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.6
That is, if you find that the issuer had no account with the drawee at the time the check [or, where appropriate, "sight order"] was issued, or payment was refused by the drawee for lack of funds, upon presentation of the check [or, where appropriate, "order"] within 30 days of issue, and the issuer failed to make good within 10 days after receiving reasonable written or oral notice of that refusal or after reasonable notice has been sent to the issuer's last known address, you may then conclude, but are not required to conclude, that the issuer had knowledge the check [or, where appropriate, "sight order"] would not be paid. If you find that the State has proven all these elements beyond a reasonable doubt, then you may return a verdict of guilty. On the other hand, if you find that the State has failed to prove any of these elements beyond a reasonable doubt, then you must return a verdict of not guilty. If you find that the State has proven each of the elements of the crime beyond a reasonable doubt, then the State has the burden of proving beyond a reasonable doubt, the amount of the check [or, where appropriate, "sight order"]. You must specify if the amount of the check [or, where appropriate, "sight order"] is: (a) $75,000.00 or more;
(b) $1,000.00 or more but less than $75,000.00; (c) $200.00 or more but less than $1,000.00; or (d) Less than $200.00."
1 N.J.S.A. 12A:3-102.
2 Black's Law Dictionary.
3 N.J.S.A. 12A:3-104.
4 United Benefit Fire Insurance Co. v. First National Bank of Arizona, Phoenix, 405 P.2d 488 (l965).
5 These inferences do not apply in the case of a post-dated check or similar sight order.
6 Contrary to pre-Code law, the State is not required to prove that the defendant intended to defraud the victim. The State need only prove that the defendant knew that the check (or similar sight order) would not be honored. See, Commonwealth v. Frank, 468 A.2d 1131 (Pa. Super. 1983) and Commonwealth v. Mutnik, 486 Pa. 428, 406 A.2d 516 (1979) which define the Pennsylvania bad check statute which, as the Code statute, is based upon the Model Penal Code. See, also, State v. Passafiume, 184 N.J. Super. 447, 449 (App. Div. 1982).
Back Injuries in Accidents
Back Injuries in Accidents
Contact the Law Office of KENNETH A VERCAMMEN for Legal Representation
Persons who are in car accidents or fall down often do not feel pain in their back until the next day. Testing for back injuries could include: muscle conduction tests, MRI, CT scan, and X-ray. A person concerned about a knee injury should probably consult an orthopedic doctor who can order and read most of the above tests.
Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies often will not help. Don't give up! If Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a back injury.
Even in a low impact accident, there can be a back injury.
According to medical journal excerpts:
1) "The truth is that all driving can be dangerous. More than 80 percent of all car crashes occur at speeds less than 40 mph. Fatalities involving non-belted occupants of cars have been recorded at as low as 12 mph. That's about the speed you'd be driving in a parking lot."
Seat belt safety pamphlet, number D)T HS 802 152, distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration.
2) "The amount of damage to the automobile bears little relation to the force applied to the cervical spine of the occupants. The acceleration of the occupant's head depends on the force imparted, the moment of inertia of the struck vehicle, and the amount of collapse of force dissemination by the crumpling of the vehicle. The inertia of the struck vehicle is related to the weight and the relative ease with which the vehicle rolls or moves forward."
Charles Caroll, M.D., Paul McAfee, M.D., Lee Riley, Jr., M.D.: Objective findings for diagnosis of "whiplash". Journal of Musculoskeletal Medicine, March, 1986, pp. 57-74.
3) "The accident does not need to be severe in order to generate cervical trauma. Using the brakes when the light suddenly turns red and when the neck is too relaxed is enough to cause trauma. The neck may projected backwards even though not violently. The head, which weighs five kilograms and is balanced over the cervical spine, being supported by only two small articular surfaces no greater than a thumbnail, is also thrown backwards pulling the cervical spine with it. In addition, a sudden reflex contraction of the flexors on the neck occurs with a certain delay. We shall not describe all the details of the mechanism of the production of these whiplash injuries..."
It is easy to imagine that the joint injuries are not the same if during a collision, or any other accident, the head is directed along the axis of the impact or if the head is rotated or if the impact is directed laterally. In the final analysis, it is the result of the injury which is important." Robert Maigne, M.D., Orthopedic Medicine - A New Approach to Vertebral Manipulations, CC. Thomas, 1972, p. 196.4) "The position of the head at the moment of collision influences the type of injury. This is particularly true of the degree of rotation in relationship to the direction of the impact...the foramen are open equally when the head faces forward but are narrowed on the side toward which the head is laterally flexed or to which the head is turned. Not only will the already narrowed foramen be compressed ligaments will be far more damaging. Rotating the head at the time of collision increases the possibility of more serious injury."
Rene Cailliet, M.D., Neck and Arm Pain, 1972, Davis Company, p. 69.
Although no specific studies are available for analysis, some medical authors have suggested the possibility that perhaps collisions that produce little physical damage place the occupants at GREATER risk of injury. The crumpling of metal during a collision is believed to absorb some of the force generated by the impact. Where little damage is produced, it may suggest that none of the force was absorbed by the metal, leaving it to pass through the automobile, thereby exposing the occupants to the full force of the impact.
In early 1989, Dr. Francis Navin, a professor of Civil Engineering at the University of British Columbia and a scientific team of investigators conducted simulated low-speed rear impact studies at the UBC Accident Research Facility in Vancouver to assess vehicle damage and occupant injury from this type of collision. The investigators set up a simulated experiment in which a heavy pendulum was swung at speeds lower than 20 km/h to strike the rear bumper of a Volkswagen Rabbit carrying bolted crash dummies. Later that year, Dr. Navin published his findings at an international conference on experimental safety vehicles in Gothenburg, Sweden.
The results of their studies showed that the test occupants were flung forward and rotated at higher speeds than impact "in an attempt to catch up with the car."
According to Dr. Navin, "It was observed that the resulting deflection of the seat-back, with subsequent rebound tends to pitch the occupant forward during impact with the shoulder displacement leading the head. The relative head to shoulder motion is the likely source of whiplash injury." The investigators also noticed an absence of structural damage to the rear bumper of the Rabbits when struck by the pendulum at speeds of up to 15 km/h. This led Dr. Navin to the same conclusion of earlier American studies which demonstrated that rear-end collisions, unlike most other types of collisions, frequently result in "minor car damage with major bodily harm."
Dr. Navin's findings are fully explained in the proceedings of the 12th International Conference of Experimental Safety Vehicles, May 29 - June 1, 1989, Gothburg, Sweden, in the article "Low Speed Rear Impacts and the Elastic Properties of Automobiles", as well as in the Proceedings of the Multi-disciplinary Road Safety Conference VI, June 5-7, 1989, Fredricton, New Brunswick, in the article "An Investigation Into Vehicle and Occupant Response Subjected to Low-Speed Rear Impacts."
1) "Long-term studies show that aches and pains with no evident physical cause persist in 20% to 45% of patients with significant whiplash injuries." "Roentgenographic studies show that degenerative problems develop after injury in 39% of patients. By comparison only 6% of the general population over age 30 develops degenerative changes over a comparable time. Thus, it would seem that whiplash injuries predispose patients to cervical degenerative osteoarthritis."
Charles Caroll, M.D., Paul McAfee, M.D., Lee Riley, Jr., M.D.: Objective findings for diagnosis of "whiplash". Journal of Musculoskeletal Medicine, March, 1986, pp. 57-74.
2) "From the discussion of the natural history of the degenerative process, it will be appreciated that this process is often a continuing one and therefore we cannot expect a permanent cure from manipulation or from any modality, including operation."
W.H. Kirkaldy-Willis, M.D., Managing Low Back Pain, 1983, Churchill Livingstone, pp. 183.3) "In addition there are long term effects of injuries [automobile accidents] which do not become evident until years after the insult, for example with osteoarthrosis of joints and epileptic seizures."
Aldman B., Mellander H., Mackay M., The Structure of European Research into the Bio-mechanics of Impacts, in the quarterly journal of the American Association For Automotive Medicine, April, 1986, p. 26.
4) "If the displacement (post-traumatic disc protrusion) is left where it is to get larger or smaller as fortune dictates, it will sometimes take the latter course. Even so, the longer the protrusion lasts, the more time it has to stretch the posterior longitudinal ligament, perhaps irretrievably, thus enhancing the likelihood of further attacks. The prevention of eventual pressure on a root or the spinal cord is clearly the reduction of the displacement (manipulation) when it first appears. James Cyriax, M.D., Textbook of Orthopaedic Medicine, Tindall, 8th edition, 1982, p.103.
5) "Disk disruption in milder cervical trauma may be the cause of acute as well as chronic pain syndrome...This type of pain pattern can become chronic over many years without resolving. The areas affected by pain include the neck, inner part of the scapula, shoulder, and arm. This pain is relieved by rest, immobilization, and traction. The pain recurs when the patient becomes active again."
Bohlman HH: Musculoskeletal Disorders, ed. by Robert D. D'Ambrosia, M.D., 1977, J.B. Lippencott Company, pp. 220-222.
This points out that the fear that symptoms associated with traumatic soft-tissue injury will return in the future is an opinion shared by many respected medical authorities, and reported in numerous medical texts, journals and professional papers. The sequela of post-traumatic injury, especially as it relates to joint function, are well established in the medical literature, and carry a significant predisposition for further dysfunction and painful syndromes. Financial Recovery for persons suffering back injuries and seriously injured in accidents, both car accidents and fall downs:
1. Kenneth Vercammen helps injured persons. A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and you now wish to prosecute a claim against an opposing party. As the attorney of record, I can bring an action for the injured person. Therefore, I request that all clients do as much as possible to cooperate and help in every way. The purpose of this article is to describe the procedure that we may follow and give you sufficient instructions to enable you to assist us in this undertaking. Needless to say, helping us is just another way of helping yourself.
2. Clients should provide my office with the following 1. Any bills 2. All hospital or doctor records in your possession 3. Car Insurance Declaration Sheet if you were in a car accident 4. Car Insurance Policy if car accident 5. Photos of damage to any property 6. Photos of accident site 7. Major Medical Insurance Card 8. Paystub if lost time from work
3. Attorney- Client Confidential Relationship. First, I want to thank our clients for giving me the opportunity to assist them in their case. I am a legal professional and have great pride and confidence in the legal services that I perform for clients during our relationship as attorney-client. If you have concerns about your case, please call my office at (732) 572-0500. We feel that this case is extremely important-not only to you, but to this office as well. This is not simply a matter of obtaining just compensation for you, although that is very important. We take professional pride in guiding our clients carefully through difficult times to a satisfactory conclusion of their cases.
4. Submission of Bills to Car Insurance and Major Medical If you are in a car accident, you should submit your medical bills to your own car insurance company first. Your car insurance is required by New Jersey law to provide PIP (Personal Injury Protection) benefits under the No Fault Law. This means your car insurance company, not the careless driver, pay the majority of medical bills. If you do not own a car, but live with someone who owns a car, we can try to help you submit medical bills to their car insurance company.
If this is not a car accident, submit all bills immediately to your major medical. Please provide car and major medical insurance information to each doctor, MRI facility and treatment provider. Please request they submit bills and attending physician reports to car insurance and major medical. There is now minimum deductibles under the PIP Law. There is an initial $250.00 deductible, and thereafter your car insurance company pays 80% of medical bills under a medical fee schedule established by the State Dept. of Insurance. Your primary treating doctor must also follow "Care Path". Submit portions of bills the car insurance does not pay to your major medical carrier (ex- Blue Cross, Connecticut General). The Law Office of Kenneth Vercammen can provide a more detailed brochure explaining how car insurance works.
Never give a signed statement to the claims adjuster representing the other driver's insurance company. The same goes for a phone recording. They may be used against you in court to deny your claim. Speak with your personal injury attorney first.
WHILE YOUR PERSONAL INJURY CASE IS PENDING:
It is important that you -- 1. DO NOT discuss your case with anyone except your doctors and attorney. 2. DO NOT make any statements or give out any information. 3. DO NOT sign any statements, reports, forms or papers of any kind. 4. DO NOT appear at police or other hearings without first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY of any notice, request or summons to appear at any such hearings. 5. Refer to your attorney, anyone who asks you to sign anything or to make any statement or report or who seeks information concerning your case. 6. Direct your doctor and other treatment providers not to furnish or disclose any information concerning your case to any entity other than your insurance company without YOU AND YOUR ATTORNEY'S WRITTEN PERMISSION. 7. You may have insurance coverages such as liability, collision, accident, Blue Cross, Blue Shield or Major Medical which require prompt attention. However, be sure to have your treatment providers send bills immediately to all of your insurance companies. 8. Notify your attorney promptly of any new developments. Small things may be important. Keep your attorney informed. 9. Maintain accurate records of all information and data pertaining to your case. 10. If you or any witnesses should move, be sure to notify your attorney of the new address.
5. Diary We want you to keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort you put into your employment, what activities you engage in after work, etc. In other words, we need you to describe the changes in your working life, your playing life, your life as a husband, wife, child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook. And remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family, friends, and co-workers. When you have completed this description, please return it to this office in the enclosed envelope. Keep a diary of all matters concerning this accident, no matter how trivial you think it may be. You should include notes on the treatments you receive, therapy, casts, appliances, hospitalization, change of doctors, change of medication, symptoms, recurrence, setbacks, disabilities and inconveniences. If you have any doubt about the propriety of including some particular information, please call the office and let us assist you.
6. Record expenses You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times. From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date. Your attorney will keep track of your legal expenses, which may include costs of filing, service of process, investigation, reports, depositions, witness fees, jury fees, etc.
7. Investigation and Filing of Civil Complaint in Superior Court Procedurally, the following events occur in most personal injury cases. First, your attorney must complete our investigation and file. This will involve the collection of information from your physician, your employer, and our investigator. We will need your doctors to provide us with copies of all bills, medical records and possibly a medical report. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement. If the insurance company will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a summons and have the defendants personally served with the Summons and Complaint. The defendant, through their insurance company, must file an "Answer" within 35 days.
8. Interrogatory Questions and Discovery The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. The Superior Court has set up certain "Form" Interrogatories which are contained in the Rules of Court. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. The deposition is just as important as the trial itself. In the event you are deposed during the course of this action, you will receive detailed instructions as to the procedure and will be requested to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date. Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.
9. Doctor/Treatment It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured person's concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim. Tell your doctors all of your complaints. The doctor's records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken accompanied by the bills. Also save all bottles or containers of medicine. 10. Bills Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs, medicines, therapy, appliances, and anything needed to assist you in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it. 11. Evidence Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession. 12. Photographs Take photographs of all motor vehicles, accident site, etc., that may be connected directly or indirectly with your accident. Again, be sure to let the office know that you have such photographs.
13. Keep your attorney advised Keep this office advised at all times with respect to changes in address, important changes in medical treatment, termination of treatment, termination of employment, resumption of employment, or any other unusual change in your life. 14. Lost wages Keep a complete record of all lost wages. Obtain a statement from your company outlining the time you have lost, the rate of salary you are paid, the hours you work per week, your average weekly salary, and any losses suffered as a result of this accident. Where possible, also obtain other types of evidence such as ledger sheets, copies of time cards, canceled checks, check stubs, vouchers, pay slips, etc. 15. New information In the event that any new information concerning the evidence in this case comes to your attention, report this to the Attorney immediately. This is particularly true in the case of witnesses who have heretofore been unavailable.
16. Do not discuss the case The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone.
Obviously, we cannot stress too strongly that you DO NOT discuss this matter with anyone, but your attorney or immediate trusted family. You should sign no documents without the consent of this office. Remember that at all times you may be photographed and investigated by the opposition. If you follow the simple precautions which we have set out in your checklist, we feel that we will be able to obtain a fair and appropriate amount for your injuries. If you get any letters from anyone in connection with your case, mail or fax them to your attorney immediately.
17. Questioning If any person approaches you with respect to this accident without your attorney's permission, make complete notes regarding the incident. These notes should include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any question(s). All questions should be referred to your attorney's office.
18. Investigation by Defendant Insurance Company Permit us to reiterate at this time that the opposition's insurance company will in all probability have a team of lawyers and investigators working diligently to counter your claim. During the course of their investigation, it is quite possible that they may attempt to contact you through various (and sometimes, devious) methods. Please do not make their jobs any easier for them by answering their questions.
We cannot emphasize too strongly that you should refrain at all times from discussing this matter with anyone, and that includes your employer, your relatives, your neighbors, and even your friends. Of course, there are exceptions to this rule.
If there are friends, neighbors or relatives who know all of the facts and circumstances surrounding the accident and can be of assistance to you, then they should be referred to this office so that their natural sympathy can be channeled into an effective asset for you.
Insurance companies pay money to claimants when they are satisfied there are both liability and damages that support a recovery. They can be expected to thoroughly investigate the facts of the accident and any past injuries or claims. The insurance company will obtain copies of all of the claimant's past medical records.
19. The value of a case depends on the permanent injury, medical treatment and doctor's reports Undoubtedly, you have questions as to how much your case is worth. We are going to be frank: The fact of the matter is there can be no answer to this question until we have completed the investigation in your case. Once we complete our investigation, of course, we can make a determination as to the amount of the defendant's liability, if any, and even at that we will only be at a starting point. After that, we must obtain all necessary information concerning your lost wages, your disability, your partial disability, your life changes, and your prognosis. You may rest assured of one thing, however, and that is the fact that your case will not be settled below its true value, that is the fair compensation for the injuries you have received. You may also rest assured that no settlement agreement will be entered into without your consent.
Contact the Law Office of KENNETH A VERCAMMEN for Legal Representation
Persons who are in car accidents or fall down often do not feel pain in their back until the next day. Testing for back injuries could include: muscle conduction tests, MRI, CT scan, and X-ray. A person concerned about a knee injury should probably consult an orthopedic doctor who can order and read most of the above tests.
Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies often will not help. Don't give up! If Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a back injury.
Even in a low impact accident, there can be a back injury.
According to medical journal excerpts:
1) "The truth is that all driving can be dangerous. More than 80 percent of all car crashes occur at speeds less than 40 mph. Fatalities involving non-belted occupants of cars have been recorded at as low as 12 mph. That's about the speed you'd be driving in a parking lot."
Seat belt safety pamphlet, number D)T HS 802 152, distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration.
2) "The amount of damage to the automobile bears little relation to the force applied to the cervical spine of the occupants. The acceleration of the occupant's head depends on the force imparted, the moment of inertia of the struck vehicle, and the amount of collapse of force dissemination by the crumpling of the vehicle. The inertia of the struck vehicle is related to the weight and the relative ease with which the vehicle rolls or moves forward."
Charles Caroll, M.D., Paul McAfee, M.D., Lee Riley, Jr., M.D.: Objective findings for diagnosis of "whiplash". Journal of Musculoskeletal Medicine, March, 1986, pp. 57-74.
3) "The accident does not need to be severe in order to generate cervical trauma. Using the brakes when the light suddenly turns red and when the neck is too relaxed is enough to cause trauma. The neck may projected backwards even though not violently. The head, which weighs five kilograms and is balanced over the cervical spine, being supported by only two small articular surfaces no greater than a thumbnail, is also thrown backwards pulling the cervical spine with it. In addition, a sudden reflex contraction of the flexors on the neck occurs with a certain delay. We shall not describe all the details of the mechanism of the production of these whiplash injuries..."
It is easy to imagine that the joint injuries are not the same if during a collision, or any other accident, the head is directed along the axis of the impact or if the head is rotated or if the impact is directed laterally. In the final analysis, it is the result of the injury which is important." Robert Maigne, M.D., Orthopedic Medicine - A New Approach to Vertebral Manipulations, CC. Thomas, 1972, p. 196.4) "The position of the head at the moment of collision influences the type of injury. This is particularly true of the degree of rotation in relationship to the direction of the impact...the foramen are open equally when the head faces forward but are narrowed on the side toward which the head is laterally flexed or to which the head is turned. Not only will the already narrowed foramen be compressed ligaments will be far more damaging. Rotating the head at the time of collision increases the possibility of more serious injury."
Rene Cailliet, M.D., Neck and Arm Pain, 1972, Davis Company, p. 69.
Although no specific studies are available for analysis, some medical authors have suggested the possibility that perhaps collisions that produce little physical damage place the occupants at GREATER risk of injury. The crumpling of metal during a collision is believed to absorb some of the force generated by the impact. Where little damage is produced, it may suggest that none of the force was absorbed by the metal, leaving it to pass through the automobile, thereby exposing the occupants to the full force of the impact.
In early 1989, Dr. Francis Navin, a professor of Civil Engineering at the University of British Columbia and a scientific team of investigators conducted simulated low-speed rear impact studies at the UBC Accident Research Facility in Vancouver to assess vehicle damage and occupant injury from this type of collision. The investigators set up a simulated experiment in which a heavy pendulum was swung at speeds lower than 20 km/h to strike the rear bumper of a Volkswagen Rabbit carrying bolted crash dummies. Later that year, Dr. Navin published his findings at an international conference on experimental safety vehicles in Gothenburg, Sweden.
The results of their studies showed that the test occupants were flung forward and rotated at higher speeds than impact "in an attempt to catch up with the car."
According to Dr. Navin, "It was observed that the resulting deflection of the seat-back, with subsequent rebound tends to pitch the occupant forward during impact with the shoulder displacement leading the head. The relative head to shoulder motion is the likely source of whiplash injury." The investigators also noticed an absence of structural damage to the rear bumper of the Rabbits when struck by the pendulum at speeds of up to 15 km/h. This led Dr. Navin to the same conclusion of earlier American studies which demonstrated that rear-end collisions, unlike most other types of collisions, frequently result in "minor car damage with major bodily harm."
Dr. Navin's findings are fully explained in the proceedings of the 12th International Conference of Experimental Safety Vehicles, May 29 - June 1, 1989, Gothburg, Sweden, in the article "Low Speed Rear Impacts and the Elastic Properties of Automobiles", as well as in the Proceedings of the Multi-disciplinary Road Safety Conference VI, June 5-7, 1989, Fredricton, New Brunswick, in the article "An Investigation Into Vehicle and Occupant Response Subjected to Low-Speed Rear Impacts."
1) "Long-term studies show that aches and pains with no evident physical cause persist in 20% to 45% of patients with significant whiplash injuries." "Roentgenographic studies show that degenerative problems develop after injury in 39% of patients. By comparison only 6% of the general population over age 30 develops degenerative changes over a comparable time. Thus, it would seem that whiplash injuries predispose patients to cervical degenerative osteoarthritis."
Charles Caroll, M.D., Paul McAfee, M.D., Lee Riley, Jr., M.D.: Objective findings for diagnosis of "whiplash". Journal of Musculoskeletal Medicine, March, 1986, pp. 57-74.
2) "From the discussion of the natural history of the degenerative process, it will be appreciated that this process is often a continuing one and therefore we cannot expect a permanent cure from manipulation or from any modality, including operation."
W.H. Kirkaldy-Willis, M.D., Managing Low Back Pain, 1983, Churchill Livingstone, pp. 183.3) "In addition there are long term effects of injuries [automobile accidents] which do not become evident until years after the insult, for example with osteoarthrosis of joints and epileptic seizures."
Aldman B., Mellander H., Mackay M., The Structure of European Research into the Bio-mechanics of Impacts, in the quarterly journal of the American Association For Automotive Medicine, April, 1986, p. 26.
4) "If the displacement (post-traumatic disc protrusion) is left where it is to get larger or smaller as fortune dictates, it will sometimes take the latter course. Even so, the longer the protrusion lasts, the more time it has to stretch the posterior longitudinal ligament, perhaps irretrievably, thus enhancing the likelihood of further attacks. The prevention of eventual pressure on a root or the spinal cord is clearly the reduction of the displacement (manipulation) when it first appears. James Cyriax, M.D., Textbook of Orthopaedic Medicine, Tindall, 8th edition, 1982, p.103.
5) "Disk disruption in milder cervical trauma may be the cause of acute as well as chronic pain syndrome...This type of pain pattern can become chronic over many years without resolving. The areas affected by pain include the neck, inner part of the scapula, shoulder, and arm. This pain is relieved by rest, immobilization, and traction. The pain recurs when the patient becomes active again."
Bohlman HH: Musculoskeletal Disorders, ed. by Robert D. D'Ambrosia, M.D., 1977, J.B. Lippencott Company, pp. 220-222.
This points out that the fear that symptoms associated with traumatic soft-tissue injury will return in the future is an opinion shared by many respected medical authorities, and reported in numerous medical texts, journals and professional papers. The sequela of post-traumatic injury, especially as it relates to joint function, are well established in the medical literature, and carry a significant predisposition for further dysfunction and painful syndromes. Financial Recovery for persons suffering back injuries and seriously injured in accidents, both car accidents and fall downs:
1. Kenneth Vercammen helps injured persons. A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and you now wish to prosecute a claim against an opposing party. As the attorney of record, I can bring an action for the injured person. Therefore, I request that all clients do as much as possible to cooperate and help in every way. The purpose of this article is to describe the procedure that we may follow and give you sufficient instructions to enable you to assist us in this undertaking. Needless to say, helping us is just another way of helping yourself.
2. Clients should provide my office with the following 1. Any bills 2. All hospital or doctor records in your possession 3. Car Insurance Declaration Sheet if you were in a car accident 4. Car Insurance Policy if car accident 5. Photos of damage to any property 6. Photos of accident site 7. Major Medical Insurance Card 8. Paystub if lost time from work
3. Attorney- Client Confidential Relationship. First, I want to thank our clients for giving me the opportunity to assist them in their case. I am a legal professional and have great pride and confidence in the legal services that I perform for clients during our relationship as attorney-client. If you have concerns about your case, please call my office at (732) 572-0500. We feel that this case is extremely important-not only to you, but to this office as well. This is not simply a matter of obtaining just compensation for you, although that is very important. We take professional pride in guiding our clients carefully through difficult times to a satisfactory conclusion of their cases.
4. Submission of Bills to Car Insurance and Major Medical If you are in a car accident, you should submit your medical bills to your own car insurance company first. Your car insurance is required by New Jersey law to provide PIP (Personal Injury Protection) benefits under the No Fault Law. This means your car insurance company, not the careless driver, pay the majority of medical bills. If you do not own a car, but live with someone who owns a car, we can try to help you submit medical bills to their car insurance company.
If this is not a car accident, submit all bills immediately to your major medical. Please provide car and major medical insurance information to each doctor, MRI facility and treatment provider. Please request they submit bills and attending physician reports to car insurance and major medical. There is now minimum deductibles under the PIP Law. There is an initial $250.00 deductible, and thereafter your car insurance company pays 80% of medical bills under a medical fee schedule established by the State Dept. of Insurance. Your primary treating doctor must also follow "Care Path". Submit portions of bills the car insurance does not pay to your major medical carrier (ex- Blue Cross, Connecticut General). The Law Office of Kenneth Vercammen can provide a more detailed brochure explaining how car insurance works.
Never give a signed statement to the claims adjuster representing the other driver's insurance company. The same goes for a phone recording. They may be used against you in court to deny your claim. Speak with your personal injury attorney first.
WHILE YOUR PERSONAL INJURY CASE IS PENDING:
It is important that you -- 1. DO NOT discuss your case with anyone except your doctors and attorney. 2. DO NOT make any statements or give out any information. 3. DO NOT sign any statements, reports, forms or papers of any kind. 4. DO NOT appear at police or other hearings without first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY of any notice, request or summons to appear at any such hearings. 5. Refer to your attorney, anyone who asks you to sign anything or to make any statement or report or who seeks information concerning your case. 6. Direct your doctor and other treatment providers not to furnish or disclose any information concerning your case to any entity other than your insurance company without YOU AND YOUR ATTORNEY'S WRITTEN PERMISSION. 7. You may have insurance coverages such as liability, collision, accident, Blue Cross, Blue Shield or Major Medical which require prompt attention. However, be sure to have your treatment providers send bills immediately to all of your insurance companies. 8. Notify your attorney promptly of any new developments. Small things may be important. Keep your attorney informed. 9. Maintain accurate records of all information and data pertaining to your case. 10. If you or any witnesses should move, be sure to notify your attorney of the new address.
5. Diary We want you to keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort you put into your employment, what activities you engage in after work, etc. In other words, we need you to describe the changes in your working life, your playing life, your life as a husband, wife, child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook. And remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family, friends, and co-workers. When you have completed this description, please return it to this office in the enclosed envelope. Keep a diary of all matters concerning this accident, no matter how trivial you think it may be. You should include notes on the treatments you receive, therapy, casts, appliances, hospitalization, change of doctors, change of medication, symptoms, recurrence, setbacks, disabilities and inconveniences. If you have any doubt about the propriety of including some particular information, please call the office and let us assist you.
6. Record expenses You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times. From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date. Your attorney will keep track of your legal expenses, which may include costs of filing, service of process, investigation, reports, depositions, witness fees, jury fees, etc.
7. Investigation and Filing of Civil Complaint in Superior Court Procedurally, the following events occur in most personal injury cases. First, your attorney must complete our investigation and file. This will involve the collection of information from your physician, your employer, and our investigator. We will need your doctors to provide us with copies of all bills, medical records and possibly a medical report. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement. If the insurance company will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a summons and have the defendants personally served with the Summons and Complaint. The defendant, through their insurance company, must file an "Answer" within 35 days.
8. Interrogatory Questions and Discovery The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. The Superior Court has set up certain "Form" Interrogatories which are contained in the Rules of Court. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. The deposition is just as important as the trial itself. In the event you are deposed during the course of this action, you will receive detailed instructions as to the procedure and will be requested to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date. Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.
9. Doctor/Treatment It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured person's concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim. Tell your doctors all of your complaints. The doctor's records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken accompanied by the bills. Also save all bottles or containers of medicine. 10. Bills Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs, medicines, therapy, appliances, and anything needed to assist you in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it. 11. Evidence Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession. 12. Photographs Take photographs of all motor vehicles, accident site, etc., that may be connected directly or indirectly with your accident. Again, be sure to let the office know that you have such photographs.
13. Keep your attorney advised Keep this office advised at all times with respect to changes in address, important changes in medical treatment, termination of treatment, termination of employment, resumption of employment, or any other unusual change in your life. 14. Lost wages Keep a complete record of all lost wages. Obtain a statement from your company outlining the time you have lost, the rate of salary you are paid, the hours you work per week, your average weekly salary, and any losses suffered as a result of this accident. Where possible, also obtain other types of evidence such as ledger sheets, copies of time cards, canceled checks, check stubs, vouchers, pay slips, etc. 15. New information In the event that any new information concerning the evidence in this case comes to your attention, report this to the Attorney immediately. This is particularly true in the case of witnesses who have heretofore been unavailable.
16. Do not discuss the case The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone.
Obviously, we cannot stress too strongly that you DO NOT discuss this matter with anyone, but your attorney or immediate trusted family. You should sign no documents without the consent of this office. Remember that at all times you may be photographed and investigated by the opposition. If you follow the simple precautions which we have set out in your checklist, we feel that we will be able to obtain a fair and appropriate amount for your injuries. If you get any letters from anyone in connection with your case, mail or fax them to your attorney immediately.
17. Questioning If any person approaches you with respect to this accident without your attorney's permission, make complete notes regarding the incident. These notes should include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any question(s). All questions should be referred to your attorney's office.
18. Investigation by Defendant Insurance Company Permit us to reiterate at this time that the opposition's insurance company will in all probability have a team of lawyers and investigators working diligently to counter your claim. During the course of their investigation, it is quite possible that they may attempt to contact you through various (and sometimes, devious) methods. Please do not make their jobs any easier for them by answering their questions.
We cannot emphasize too strongly that you should refrain at all times from discussing this matter with anyone, and that includes your employer, your relatives, your neighbors, and even your friends. Of course, there are exceptions to this rule.
If there are friends, neighbors or relatives who know all of the facts and circumstances surrounding the accident and can be of assistance to you, then they should be referred to this office so that their natural sympathy can be channeled into an effective asset for you.
Insurance companies pay money to claimants when they are satisfied there are both liability and damages that support a recovery. They can be expected to thoroughly investigate the facts of the accident and any past injuries or claims. The insurance company will obtain copies of all of the claimant's past medical records.
19. The value of a case depends on the permanent injury, medical treatment and doctor's reports Undoubtedly, you have questions as to how much your case is worth. We are going to be frank: The fact of the matter is there can be no answer to this question until we have completed the investigation in your case. Once we complete our investigation, of course, we can make a determination as to the amount of the defendant's liability, if any, and even at that we will only be at a starting point. After that, we must obtain all necessary information concerning your lost wages, your disability, your partial disability, your life changes, and your prognosis. You may rest assured of one thing, however, and that is the fact that your case will not be settled below its true value, that is the fair compensation for the injuries you have received. You may also rest assured that no settlement agreement will be entered into without your consent.
Rule 3:3. Summons or Warant upon Complaint
RULE 3:3. SUMMONS OR WARRANT UPON COMPLAINT
3:3-1. Issuance of an Arrest Warrant or Summons
(a) Issuance of a Warrant. An arrest warrant may be issued on a complaint only if: (1) a judge, clerk, deputy clerk, municipal court administrator or deputy municipal court administrator finds from the complaint or an accompanying affidavit or deposition, that there is probable cause to believe that an offense was committed and that the defendant committed it and notes that finding on the warrant; and (2) a judge, clerk, deputy clerk, municipal court administrator or deputy municipal court administrator finds that subsection (c) of this rule allows a warrant rather than a summons to be issued. (b) Issuance of a summons. A summons may be issued on a complaint only if: (1) a judge, clerk, deputy clerk, municipal court administrator or deputy municipal court administrator finds from the complaint or an accompanying affidavit or deposition, that there is probable cause to believe that an offense was committed and that the defendant committed it and notes that finding on the summons; or (2) the law enforcement officer who made the complaint, issues the summons. (c) Determination of Whether to Issue a Summons or Warrant. A summons rather than an arrest warrant shall be issued unless: (1) the defendant is charged with murder, kidnapping, aggravated manslaughter, manslaughter, robbery, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, second degree aggravated assault, aggravated arson, arson, burglary, violations of Chapter 35 of Title 2C that constitute first or second degree crimes, any crime involving the possession or use of a firearm, or conspiracies or attempts to commit such crimes; (2) the defendant has been served with a summons and has failed to appear; (3) there is reason to believe that the defendant is dangerous to self, other persons, or property; (4) there is an outstanding warrant for the defendant; (5) the defendant's identity or address is not known and a warrant is necessary to subject the defendant to the jurisdiction of the court; or (6) there is reason to believe that the defendant will not appear in response to a summons. (d) Finding of No Probable Cause. If a judicial officer finds that there is no probable cause to believe that an offense was committed or that the defendant committed it, the officer shall not issue a warrant or summons on the complaint. If the finding is made by an officer other than a judge, the finding shall be reviewed by a judge. If the judge finds no probable cause, the judge shall dismiss the complaint. (e) Additional Warrants or Summonses. More than one warrant or summons may issue on the same complaint. (f) Process Against Corporations. A summons rather than an arrest warrant shall issue if the defendant is a corporation. If a corporation fails to appear in response to a summons, the court shall proceed as if the corporation appeared and entered a plea of not guilty.
3:3-1. Issuance of an Arrest Warrant or Summons
(a) Issuance of a Warrant. An arrest warrant may be issued on a complaint only if: (1) a judge, clerk, deputy clerk, municipal court administrator or deputy municipal court administrator finds from the complaint or an accompanying affidavit or deposition, that there is probable cause to believe that an offense was committed and that the defendant committed it and notes that finding on the warrant; and (2) a judge, clerk, deputy clerk, municipal court administrator or deputy municipal court administrator finds that subsection (c) of this rule allows a warrant rather than a summons to be issued. (b) Issuance of a summons. A summons may be issued on a complaint only if: (1) a judge, clerk, deputy clerk, municipal court administrator or deputy municipal court administrator finds from the complaint or an accompanying affidavit or deposition, that there is probable cause to believe that an offense was committed and that the defendant committed it and notes that finding on the summons; or (2) the law enforcement officer who made the complaint, issues the summons. (c) Determination of Whether to Issue a Summons or Warrant. A summons rather than an arrest warrant shall be issued unless: (1) the defendant is charged with murder, kidnapping, aggravated manslaughter, manslaughter, robbery, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, second degree aggravated assault, aggravated arson, arson, burglary, violations of Chapter 35 of Title 2C that constitute first or second degree crimes, any crime involving the possession or use of a firearm, or conspiracies or attempts to commit such crimes; (2) the defendant has been served with a summons and has failed to appear; (3) there is reason to believe that the defendant is dangerous to self, other persons, or property; (4) there is an outstanding warrant for the defendant; (5) the defendant's identity or address is not known and a warrant is necessary to subject the defendant to the jurisdiction of the court; or (6) there is reason to believe that the defendant will not appear in response to a summons. (d) Finding of No Probable Cause. If a judicial officer finds that there is no probable cause to believe that an offense was committed or that the defendant committed it, the officer shall not issue a warrant or summons on the complaint. If the finding is made by an officer other than a judge, the finding shall be reviewed by a judge. If the judge finds no probable cause, the judge shall dismiss the complaint. (e) Additional Warrants or Summonses. More than one warrant or summons may issue on the same complaint. (f) Process Against Corporations. A summons rather than an arrest warrant shall issue if the defendant is a corporation. If a corporation fails to appear in response to a summons, the court shall proceed as if the corporation appeared and entered a plea of not guilty.
Corporate Annual Filings
Corporate Annual Filings
ANNUAL REPORT: The annual report form is to be mailed with the appropriate fee no later than 30 days after the filing month and year indicated on the top line of the card. The Annual Report is issued to corporations each year in accordance with a filing month designated by the Secretary of State.
DELINQUENCY NOTICE: Corporations not filing an Annual Report in a timely manner will receive a Delinquency Notice form which reflects the year(s) for which the corporation has not filed an Annual Report. If a Delinquency Notice is enclosed, The Annual Report has not yet been received by the Secretary of State. The Delinquency Notice is to be filed instead of the Annual Report.
REQUIRED INFORMATION: Information to be entered on the Annual Report or Delinquency Notice includes: the main business address of the corporation, the names and addresses of the directors, trustees, and officers, the titles of these individuals, the date appointed for the next annual meeting of the shareholders for the election of directors (Profit only), and the signature of the chairman of board, president, or vice president.
PAYMENT OF FEE: All checks must have the current date; postdated or "stale" dated checks are unacceptable. Please include corporation number on your check.
PENALTIES FOR FAILURE TO FILE ANNUAL REPORT: (PROFIT) A docketed judgment will be entered in the Superior Court and penalty of $200.00 assessed for each delinquent year. (NON-PROFIT) Certificate of Incorporation or Authority will be revoked should the annual report not be filed for two consecutive years.
CHANGE OF REGISTERED AGENT AND/OR REGISTERED OFFICE: All corporations are required to notify the Secretary of State of changes in the name and registered office of the registered agent. A form is contained for this purpose. Do not reflect these changes on the Annual Report or Delinquency Notice. A corporation submitting a Post Office Box address for its agent must also submit the agent's street address.
OTHER: Corporations finding any inconsistencies between their records and those on file with this office should forward appropriate documentation to the Division of Commercial Recording, Department of State.
ANNUAL REPORT: The annual report form is to be mailed with the appropriate fee no later than 30 days after the filing month and year indicated on the top line of the card. The Annual Report is issued to corporations each year in accordance with a filing month designated by the Secretary of State.
DELINQUENCY NOTICE: Corporations not filing an Annual Report in a timely manner will receive a Delinquency Notice form which reflects the year(s) for which the corporation has not filed an Annual Report. If a Delinquency Notice is enclosed, The Annual Report has not yet been received by the Secretary of State. The Delinquency Notice is to be filed instead of the Annual Report.
REQUIRED INFORMATION: Information to be entered on the Annual Report or Delinquency Notice includes: the main business address of the corporation, the names and addresses of the directors, trustees, and officers, the titles of these individuals, the date appointed for the next annual meeting of the shareholders for the election of directors (Profit only), and the signature of the chairman of board, president, or vice president.
PAYMENT OF FEE: All checks must have the current date; postdated or "stale" dated checks are unacceptable. Please include corporation number on your check.
PENALTIES FOR FAILURE TO FILE ANNUAL REPORT: (PROFIT) A docketed judgment will be entered in the Superior Court and penalty of $200.00 assessed for each delinquent year. (NON-PROFIT) Certificate of Incorporation or Authority will be revoked should the annual report not be filed for two consecutive years.
CHANGE OF REGISTERED AGENT AND/OR REGISTERED OFFICE: All corporations are required to notify the Secretary of State of changes in the name and registered office of the registered agent. A form is contained for this purpose. Do not reflect these changes on the Annual Report or Delinquency Notice. A corporation submitting a Post Office Box address for its agent must also submit the agent's street address.
OTHER: Corporations finding any inconsistencies between their records and those on file with this office should forward appropriate documentation to the Division of Commercial Recording, Department of State.
Liability for Animal Attacks
Liability for Animal Attacks
Each year aggressive animals bite over 500,000 people, killing an average of twelve. The majority of dog bite victims are children. Most dogs do not exhibit aggressive tendencies; nevertheless, sufficient provocation may tempt even the gentlest dog to bite.
Our office helps people injured due to the negligence of others by failing to control their animals . We provide representation throughout New Jersey. The insurance companies will not help Don't give up! Our Law Office can provide experienced attorney representation if you are injured If a dog or animal bites you it is important to clean your wounds. Additionally, you should seek medical attention and advice regarding rabies treatment. If you are not familiar with the dog or its owner, contact your local animal control board and report the incident. Animal control officers may be able to locate the dog and determine its rabies vaccination status. See your doctor if you have been injured by a dog or other animal. In addition, it may be important to contact us to help you protect your legal rights. Please keep in mind that there are time limits within which you must commence suit. If someone hops your fence, trespasses on your land, and your dog bites him, you are not liable. However, New Jersey does impose strict liability if your dog bites someone if it is loose or if the person bitten was in a public place or permitted on your property. NJSA 4:19-16 provides: "The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. "For the purpose of the New Jersey Statute 4:19-16, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof." Thus, in New Jersey, a dog does not get two bites. A person can even be liable if your dog or other pet or animal injures someone although not biting it. Being jumped on or chased by a dog could be grounds for a civil liability. It is also strict liability if any of your dangerous animals injure someone, i.e. pet, buffalo or tiger.
For the purpose of this state law, a person is lawfully upon the private property of such owner when he/she is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he/she is on such property upon the invitation, express or implied, of the owner thereof. In deciding whether the plaintiff was on or in a public place or lawfully on or in a private place, including the property of the defendant, you should note that anyone whose presence is expressly or impliedly permitted on the property is entitled to the protection of the statute. The permission extends to all areas where the plaintiff may reasonably believe to be included within its scope. DeRobertis v. Randazzo, 94 N.J. 144 (1983). In a case such as this where the defendant has raised the negligence of the plaintiff as a defense, the defendant has the burden of proof. This means that the defendant has the burden to prove plaintiff's "unreasonable and voluntary exposure to a known risk." This means that the plaintiff "knew" the dog had a propensity to bite either because of the dog's known viciousness or because of the plaintiff's deliberate acts intended to incite the animal. For example, one who beats or torments a dog has no call upon the owner if in self-defense the dog bites back. Budai v. Teague, 212 N.J. Super. 522 (Law Div. 1986); see also Dranow v. Kolmar, 92 N.J.L. 114, 116-17 (1918). In conclusion, a New Jersey dog does not get two bites.
The law imposes upon the landlord or owner of any commercial or business property the duty to use reasonable care to see to it that the sidewalks and common areas are reasonably safe for residents and members of the public who are using them. In other words, the law says that the landlord or owner of a commercial property must exercise reasonable care to see to it that the condition of hallways and sidewalks are reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the landlord or owner of a commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it. Pedestrians have a right to be protected from animal attacks.
WHAT TO DO IF ATTACKED BY AN ANIMAL- AT THE ACCIDENT SCENE
Compiled by Kenneth Vercammen, Esq. from various sources
1. Protect yourself from further attack, but try to stay at or near the scene CALL THE POLICE, tell them where the accident occurred and (ask for medical help if needed). 2. Get names, address of the animal owner 3. Get names, address of the property owner
4. Get names and addresses of all witnesses Witnesses will be a tremendous help to you in any subsequent court action if there is any question of liability involved. Get the names and addresses of as many witnesses as possible.
5. While waiting for police, write down- Accident Information Date __ Time __ Location __
6. Summary of accident __
7. Diagram of accident
8. Call an ambulance. If you have any reason to suspect you were injured in the accident, go to a hospital immediately or see a physician promptly. You'll want it on record that you sought treatment right away, not in a week or so .
9. Obtain name of Police Officers, Department and Badge Number
10. - Be cooperative with the police.
11. Call a personal injury attorney, not a real estate attorney : Call Kenneth A. Vercammen- Trial Attorney Attorney At Law (732) 572-0500 When you need help the most, we will be ready to help you.
Financial Recovery for persons injured by animal attack
1. Kenneth Vercammen Helps Injured persons A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and now wish to prosecute a claim against an opposing party. As the attorney of record, I will be bringing this action for the injured person. Therefore, I request that all clients do as much as possible to cooperate and help in every way.
2. Clients should provide my office with the following 1. Any bills 2. All Hospital or doctor records in your possession 3. Photos of damage to your clothes and property 4. Photos of accident site 5. Major Med Card 6. Paystub if lost time from work
Each year aggressive animals bite over 500,000 people, killing an average of twelve. The majority of dog bite victims are children. Most dogs do not exhibit aggressive tendencies; nevertheless, sufficient provocation may tempt even the gentlest dog to bite.
Our office helps people injured due to the negligence of others by failing to control their animals . We provide representation throughout New Jersey. The insurance companies will not help Don't give up! Our Law Office can provide experienced attorney representation if you are injured If a dog or animal bites you it is important to clean your wounds. Additionally, you should seek medical attention and advice regarding rabies treatment. If you are not familiar with the dog or its owner, contact your local animal control board and report the incident. Animal control officers may be able to locate the dog and determine its rabies vaccination status. See your doctor if you have been injured by a dog or other animal. In addition, it may be important to contact us to help you protect your legal rights. Please keep in mind that there are time limits within which you must commence suit. If someone hops your fence, trespasses on your land, and your dog bites him, you are not liable. However, New Jersey does impose strict liability if your dog bites someone if it is loose or if the person bitten was in a public place or permitted on your property. NJSA 4:19-16 provides: "The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. "For the purpose of the New Jersey Statute 4:19-16, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof." Thus, in New Jersey, a dog does not get two bites. A person can even be liable if your dog or other pet or animal injures someone although not biting it. Being jumped on or chased by a dog could be grounds for a civil liability. It is also strict liability if any of your dangerous animals injure someone, i.e. pet, buffalo or tiger.
For the purpose of this state law, a person is lawfully upon the private property of such owner when he/she is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he/she is on such property upon the invitation, express or implied, of the owner thereof. In deciding whether the plaintiff was on or in a public place or lawfully on or in a private place, including the property of the defendant, you should note that anyone whose presence is expressly or impliedly permitted on the property is entitled to the protection of the statute. The permission extends to all areas where the plaintiff may reasonably believe to be included within its scope. DeRobertis v. Randazzo, 94 N.J. 144 (1983). In a case such as this where the defendant has raised the negligence of the plaintiff as a defense, the defendant has the burden of proof. This means that the defendant has the burden to prove plaintiff's "unreasonable and voluntary exposure to a known risk." This means that the plaintiff "knew" the dog had a propensity to bite either because of the dog's known viciousness or because of the plaintiff's deliberate acts intended to incite the animal. For example, one who beats or torments a dog has no call upon the owner if in self-defense the dog bites back. Budai v. Teague, 212 N.J. Super. 522 (Law Div. 1986); see also Dranow v. Kolmar, 92 N.J.L. 114, 116-17 (1918). In conclusion, a New Jersey dog does not get two bites.
The law imposes upon the landlord or owner of any commercial or business property the duty to use reasonable care to see to it that the sidewalks and common areas are reasonably safe for residents and members of the public who are using them. In other words, the law says that the landlord or owner of a commercial property must exercise reasonable care to see to it that the condition of hallways and sidewalks are reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the landlord or owner of a commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it. Pedestrians have a right to be protected from animal attacks.
WHAT TO DO IF ATTACKED BY AN ANIMAL- AT THE ACCIDENT SCENE
Compiled by Kenneth Vercammen, Esq. from various sources
1. Protect yourself from further attack, but try to stay at or near the scene CALL THE POLICE, tell them where the accident occurred and (ask for medical help if needed). 2. Get names, address of the animal owner 3. Get names, address of the property owner
4. Get names and addresses of all witnesses Witnesses will be a tremendous help to you in any subsequent court action if there is any question of liability involved. Get the names and addresses of as many witnesses as possible.
5. While waiting for police, write down- Accident Information Date __ Time __ Location __
6. Summary of accident __
7. Diagram of accident
8. Call an ambulance. If you have any reason to suspect you were injured in the accident, go to a hospital immediately or see a physician promptly. You'll want it on record that you sought treatment right away, not in a week or so .
9. Obtain name of Police Officers, Department and Badge Number
10. - Be cooperative with the police.
11. Call a personal injury attorney, not a real estate attorney : Call Kenneth A. Vercammen- Trial Attorney Attorney At Law (732) 572-0500 When you need help the most, we will be ready to help you.
Financial Recovery for persons injured by animal attack
1. Kenneth Vercammen Helps Injured persons A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and now wish to prosecute a claim against an opposing party. As the attorney of record, I will be bringing this action for the injured person. Therefore, I request that all clients do as much as possible to cooperate and help in every way.
2. Clients should provide my office with the following 1. Any bills 2. All Hospital or doctor records in your possession 3. Photos of damage to your clothes and property 4. Photos of accident site 5. Major Med Card 6. Paystub if lost time from work
Injuries Caused by Burns
Injuries Caused by Burns
Compiled by Kenneth Vercammen, Esq. from various sources
If injured and burned, all burns should be covered with sterile non-adherent dressings. Chemical burns should be washed with large quantity of water; vinegar may be added to the water for alkali burns, and sodium bicarbonate may be added to the water in case of acid burns. Symptoms: Redness (first-degree burns), blistering (second-degree burns), charring of skin (third-degree burns). Treatment: Cold water may be applied to first- and second-degree burns.
Kenneth Vercammen, Esq. Helps persons injured as a result of negligence of another person or company
A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and now wish to prosecute a claim against a negligent property owner and its insurance company. As the attorney of record, I will be bringing this action for the injured person. Therefore, I request that all clients do as much as possible to cooperate and help in every way. The purpose of this article is to describe the procedure that we may follow and give you sufficient instructions to enable you to assist us in this undertaking. Needless to say, helping us is just another way of helping yourself.
AT THE ACCIDENT SCENE
1. Stop . . . do not leave the area of the accident. CALL THE AMBULANCE, tell them where the accident occurred and (ask for medical help if needed). 2. Notify the property manager or owner, if possible. Insist they observe where you were burned. 3. Get names and addresses of all witnesses Witnesses will be a tremendous help to you in any subsequent court action if there is any question of liability involved. Get the names and addresses of as many witnesses as possible. If they refuse to identify themselves, jot down the license plate numbers of their automobiles. Do not discuss the accident with the witnesses. Do not give the witnesses' names to anyone but the police, your attorney or your insurance company.
4. While waiting for ambulance, write down- Accident Information Date __ Time __ Location __ Weather __
5. Summary of accident which caused the burns __
6. Diagram of accident location
7. Call an ambulance. If you have any reason to suspect you were injured in any accident, go to a hospital immediately or see a physician promptly. You'll want it on record that you sought treatment right away, not in a week or so.
8. Write down name of Police Officers, Department and Badge Number, Ambulance crew, etc.
9. Do not assign or accept blame for the accident. - The scene of the accident is not the place to determine fault. Discuss the accident only with the ambulance and medical personnel, your attorney and with representatives of your insurance company. Give the other party only your name and address. - Be cooperative with the police.
10. Have immediate photos taken of accident site and of the burns.
11. Call a personal injury attorney immediately, not a real estate attorney. Call Kenneth A. Vercammen- Trial Attorney Attorney At Law (732) 572-0500 When you need help the most, we will be ready to help you.
12. Never give a signed statement to the claims adjuster representing the property owner's insurance company. The same goes for a phone recording. They may be used against you in court to deny your claim. Speak with your personal injury attorney first.
The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that their property is reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the property is reasonably safe and does not subject people to an unreasonable risk of harm. The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.
IF YOU HAVE BEEN BURNED AS A RESULT OF NEGLIGENCE OF ANOTHER
It is important that you -- 1. DO NOT discuss your case with anyone except your doctors and attorney. 2. DO NOT make any statements or give out any information. 3. DO NOT sign any statements, reports, forms or papers of any kinds, . 4. DO NOT appear at hearings without first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY of any notice, request or summons to appear at any hearings. 5. Refer to your attorney anyone who asks you to sign anything or to make any statement or report or who seeks information concerning your case. 6. Direct your doctor and other treatment providers not to furnish or disclose any information concerning your case to any entity other than your insurance company without YOU AND YOUR ATTORNEY'S WRITTEN PERMISSION. 7. You may have insurance coverages such as Blue Cross, Blue Shield or Major Medical which require prompt attention. However, be sure to have your treatment providers send bills immediately to all of your insurance companies. 8. Notify your attorney promptly of any new developments. Small things may be important. Keep your attorney informed. 9. Maintain accurate records of all information and data pertaining to your case. 10. If you or any witnesses should move, be sure to notify your attorney of the new address.
Financial Recovery if burned
1. Attorney- Client Confidential Relationship First, I want to thank our clients for giving me the opportunity to assist them in their case. I am a legal professional and I have great pride and confidence in the legal services that I perform for clients during our relationship as attorney-client. If you have concerns about your case, please call my office. (732) 572-0500 We feel that this case is extremely important not only to you, but to this office as well. This is not simply a matter of obtaining just compensation for you, although that is very important; we take professional pride in guiding our clients carefully through difficult times to a satisfactory conclusion of their cases.
2. Clients should provide my office with the following 1. Any bills 2. All Hospital or doctor records in your possession 3. Photos of burns, scars, cuts, bruises 4. Photos of damage to your clothes and property 5. Photos of accident site 6. Major Med Card 7. Paystub if lost time from work
3. Submit Bills Directly to Major Medical Second
4. Diary We want you to keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort you put into your employment, what activities you engage in after work, etc. In other words, we need you to describe the changes in your working life, your playing life, your life as a husband or wife or child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook. Remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family, friends, and co-workers. Keep a diary of all matters concerning this accident-no matter how trivial you think it may be. You should include notes on the treatments you receive, therapy, casts, appliances, hospitalization, change of doctors, change of medication, symptoms, recurrence, setbacks, disabilities and inconveniences. If you have any doubt about the propriety of including some particular information, please call the office and let us assist you.
5. Record expenses You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times. From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date. Your attorney will keep track of your legal expenses, which may include costs of filing, service of complaint, investigation, reports, depositions, witness fees, hospital/ medical records, etc.
6. Investigation and Filing of Complaint Procedurally, the following events occur in most personal injury cases. First, your attorney must complete the investigation. This will involve the collection of information from your physician, your employer, and our investigator. We will need your doctors to provide us with copies of all bills, medical records and possibly a medical report. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement. If the insurance company will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a summons and have the defendants personally served with the Summons and Complaint. The defendant, through their insurance company, must file an "Answer" within 35 days.
7. Kenneth Vercammen's office generally does not file a Complaint until the treating doctor signs an affidavit of merit setting forth how the burn injury is permanent. You will need to speak with your doctor to ask if you have a permanent injury or scar.
8. Interrogatory Questions and Discovery The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. The Superior Court has set up certain "Form A" Interrogatory Questions which are contained in the Rules of Court. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. The deposition is just as important as the trial itself. In the event you are deposed during the course of this action, you will receive detailed instructions as to the procedure and will be required to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date. Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.
9. Doctor/ Treatment It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured person concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim. Tell your doctors all of your complaints. The doctor's records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken and the bills. Also save all bottles or containers of medicine.
10. Bills Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs and medicines, therapy, appliances, and anything needed to assist in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it.
11. Evidence Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession.
12. Photographs Take photographs of any motor vehicles, accident site, etc., that may be connected--directly or indirectly--with your accident. Again, be sure to let the office know that you have such photographs.
13. Keep your attorney advised Keep this office advised at all times with respect to changes in address, important changes in medical treatment, termination of treatment, termination of employment, resumption of employment, or any other unusual change in your life.
14. Lost wages Keep a complete record of all lost wages. Obtain a statement from your company outlining the time you have lost, the rate of salary you are paid, the hours you work per week, your average weekly salary, and any losses suffered as a result of this accident. Where possible, also obtain other types of evidence such as ledger sheets, copies of time cards, canceled checks, check stubs, vouchers, pay slips, etc.
15. New information In the event that any new information concerning the evidence in this case comes to your attention, report this to the attorney immediately. This is particularly true in the case of witnesses who have heretofore been unavailable.
16. Do not discuss the case The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone. Obviously, we cannot stress too strongly that you DO NOT discuss this matter with anyone but your attorney or immediate, trusted family. You should sign no documents without the consent of this office. Remember that at all times you may be photographed and investigated by the opposition. If you follow the simple precautions which we have set out in your checklist, we feel that we will be able to obtain a fair and appropriate amount for your injuries. If you get any letters from anyone in connection with your case, mail or fax them to your attorney immediately.
17. Questioning If any person approaches you with respect to this accident without your attorney's permission, make complete notes regarding the incident. These notes should include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any question(s). All questions should be referred to your attorney's office.
18. Investigation by Defendant Insurance Company Permit us to reiterate at this time that the opposition's insurance company will in all probability have a team of lawyers and investigators working diligently to counter your claim. During the course of their investigation, it is quite possible that they may attempt to contact you through various (and sometimes, devious) methods. Please do not make their jobs any easier for them by answering their questions.
We cannot emphasize too strongly that you should refrain at all times from discussing this matter with anyone--and that includes your employer, your relatives, your neighbors, and even your friends. Of course, there are exceptions to this rule.
If there are friends or neighbors or relatives who know all of the facts and circumstances surrounding the accident and can be of assistance to you, then they should be referred to this office so that their natural sympathy can be channeled into an effective asset for you.
Insurance companies pay money to claimants when they are satisfied there are both liability and damages that support a recovery. They can be expected to thoroughly investigate the facts of the accident and any past injuries or claims. The insurance company will obtain copies of all of the claimant's past medical records.
The value of a case depends on the Permanent Injury, medical treatment and doctor's reports Undoubtedly, you have questions as to how much your case is worth. We are going to be frank: The fact of the matter is there can be no answer to this question until we have completed the investigation in your case. Once we complete our investigation, of course, we can make a determination as to the amount of the defendant's liability, if any, and even at that we will only be at a starting point. After that, we must obtain all necessary information concerning your lost wages, your disability, your partial disability, your life changes, and your prognosis. You may rest assured of one thing, however, and that is the fact that your case will not be settled below its true value, that is the fair compensation for the injuries you have received. You may also rest assured that no settlement agreement will be entered into without your consent.
Conclusion We appreciate that this is a great deal of information to absorb. We also appreciate that our requests for client's assistance have been numerous. However, we are certain that our clients appreciate having this information from the outset. Each request and bit of information given here represents an important part in recovering full value for your injury. Therefore, we respectfully request your full cooperation. If you have questions or concerns regarding these instructions, we encourage you to feel free to contact the office at any time.
CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for a Confidential Appointment
About Kenneth Vercammen:
Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately 17 miles north of Princeton. He often lectures for the New Jersey State Bar Association on personal injury, criminal / municipal court law and drunk driving. He has published 125 articles in national and New Jersey publications on municipal court and litigation topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey and also successfully defended hundreds of individuals facing Municipal Court and Criminal Court charges.
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, arbitration hearings and contested administrative law hearings.
Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court), with the Delaware County PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA
Compiled by Kenneth Vercammen, Esq. from various sources
If injured and burned, all burns should be covered with sterile non-adherent dressings. Chemical burns should be washed with large quantity of water; vinegar may be added to the water for alkali burns, and sodium bicarbonate may be added to the water in case of acid burns. Symptoms: Redness (first-degree burns), blistering (second-degree burns), charring of skin (third-degree burns). Treatment: Cold water may be applied to first- and second-degree burns.
Kenneth Vercammen, Esq. Helps persons injured as a result of negligence of another person or company
A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and now wish to prosecute a claim against a negligent property owner and its insurance company. As the attorney of record, I will be bringing this action for the injured person. Therefore, I request that all clients do as much as possible to cooperate and help in every way. The purpose of this article is to describe the procedure that we may follow and give you sufficient instructions to enable you to assist us in this undertaking. Needless to say, helping us is just another way of helping yourself.
AT THE ACCIDENT SCENE
1. Stop . . . do not leave the area of the accident. CALL THE AMBULANCE, tell them where the accident occurred and (ask for medical help if needed). 2. Notify the property manager or owner, if possible. Insist they observe where you were burned. 3. Get names and addresses of all witnesses Witnesses will be a tremendous help to you in any subsequent court action if there is any question of liability involved. Get the names and addresses of as many witnesses as possible. If they refuse to identify themselves, jot down the license plate numbers of their automobiles. Do not discuss the accident with the witnesses. Do not give the witnesses' names to anyone but the police, your attorney or your insurance company.
4. While waiting for ambulance, write down- Accident Information Date __ Time __ Location __ Weather __
5. Summary of accident which caused the burns __
6. Diagram of accident location
7. Call an ambulance. If you have any reason to suspect you were injured in any accident, go to a hospital immediately or see a physician promptly. You'll want it on record that you sought treatment right away, not in a week or so.
8. Write down name of Police Officers, Department and Badge Number, Ambulance crew, etc.
9. Do not assign or accept blame for the accident. - The scene of the accident is not the place to determine fault. Discuss the accident only with the ambulance and medical personnel, your attorney and with representatives of your insurance company. Give the other party only your name and address. - Be cooperative with the police.
10. Have immediate photos taken of accident site and of the burns.
11. Call a personal injury attorney immediately, not a real estate attorney. Call Kenneth A. Vercammen- Trial Attorney Attorney At Law (732) 572-0500 When you need help the most, we will be ready to help you.
12. Never give a signed statement to the claims adjuster representing the property owner's insurance company. The same goes for a phone recording. They may be used against you in court to deny your claim. Speak with your personal injury attorney first.
The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that their property is reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the property is reasonably safe and does not subject people to an unreasonable risk of harm. The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.
IF YOU HAVE BEEN BURNED AS A RESULT OF NEGLIGENCE OF ANOTHER
It is important that you -- 1. DO NOT discuss your case with anyone except your doctors and attorney. 2. DO NOT make any statements or give out any information. 3. DO NOT sign any statements, reports, forms or papers of any kinds, . 4. DO NOT appear at hearings without first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY of any notice, request or summons to appear at any hearings. 5. Refer to your attorney anyone who asks you to sign anything or to make any statement or report or who seeks information concerning your case. 6. Direct your doctor and other treatment providers not to furnish or disclose any information concerning your case to any entity other than your insurance company without YOU AND YOUR ATTORNEY'S WRITTEN PERMISSION. 7. You may have insurance coverages such as Blue Cross, Blue Shield or Major Medical which require prompt attention. However, be sure to have your treatment providers send bills immediately to all of your insurance companies. 8. Notify your attorney promptly of any new developments. Small things may be important. Keep your attorney informed. 9. Maintain accurate records of all information and data pertaining to your case. 10. If you or any witnesses should move, be sure to notify your attorney of the new address.
Financial Recovery if burned
1. Attorney- Client Confidential Relationship First, I want to thank our clients for giving me the opportunity to assist them in their case. I am a legal professional and I have great pride and confidence in the legal services that I perform for clients during our relationship as attorney-client. If you have concerns about your case, please call my office. (732) 572-0500 We feel that this case is extremely important not only to you, but to this office as well. This is not simply a matter of obtaining just compensation for you, although that is very important; we take professional pride in guiding our clients carefully through difficult times to a satisfactory conclusion of their cases.
2. Clients should provide my office with the following 1. Any bills 2. All Hospital or doctor records in your possession 3. Photos of burns, scars, cuts, bruises 4. Photos of damage to your clothes and property 5. Photos of accident site 6. Major Med Card 7. Paystub if lost time from work
3. Submit Bills Directly to Major Medical Second
4. Diary We want you to keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort you put into your employment, what activities you engage in after work, etc. In other words, we need you to describe the changes in your working life, your playing life, your life as a husband or wife or child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook. Remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family, friends, and co-workers. Keep a diary of all matters concerning this accident-no matter how trivial you think it may be. You should include notes on the treatments you receive, therapy, casts, appliances, hospitalization, change of doctors, change of medication, symptoms, recurrence, setbacks, disabilities and inconveniences. If you have any doubt about the propriety of including some particular information, please call the office and let us assist you.
5. Record expenses You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times. From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date. Your attorney will keep track of your legal expenses, which may include costs of filing, service of complaint, investigation, reports, depositions, witness fees, hospital/ medical records, etc.
6. Investigation and Filing of Complaint Procedurally, the following events occur in most personal injury cases. First, your attorney must complete the investigation. This will involve the collection of information from your physician, your employer, and our investigator. We will need your doctors to provide us with copies of all bills, medical records and possibly a medical report. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement. If the insurance company will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a summons and have the defendants personally served with the Summons and Complaint. The defendant, through their insurance company, must file an "Answer" within 35 days.
7. Kenneth Vercammen's office generally does not file a Complaint until the treating doctor signs an affidavit of merit setting forth how the burn injury is permanent. You will need to speak with your doctor to ask if you have a permanent injury or scar.
8. Interrogatory Questions and Discovery The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. The Superior Court has set up certain "Form A" Interrogatory Questions which are contained in the Rules of Court. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. The deposition is just as important as the trial itself. In the event you are deposed during the course of this action, you will receive detailed instructions as to the procedure and will be required to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date. Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.
9. Doctor/ Treatment It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured person concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim. Tell your doctors all of your complaints. The doctor's records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken and the bills. Also save all bottles or containers of medicine.
10. Bills Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs and medicines, therapy, appliances, and anything needed to assist in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it.
11. Evidence Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession.
12. Photographs Take photographs of any motor vehicles, accident site, etc., that may be connected--directly or indirectly--with your accident. Again, be sure to let the office know that you have such photographs.
13. Keep your attorney advised Keep this office advised at all times with respect to changes in address, important changes in medical treatment, termination of treatment, termination of employment, resumption of employment, or any other unusual change in your life.
14. Lost wages Keep a complete record of all lost wages. Obtain a statement from your company outlining the time you have lost, the rate of salary you are paid, the hours you work per week, your average weekly salary, and any losses suffered as a result of this accident. Where possible, also obtain other types of evidence such as ledger sheets, copies of time cards, canceled checks, check stubs, vouchers, pay slips, etc.
15. New information In the event that any new information concerning the evidence in this case comes to your attention, report this to the attorney immediately. This is particularly true in the case of witnesses who have heretofore been unavailable.
16. Do not discuss the case The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone. Obviously, we cannot stress too strongly that you DO NOT discuss this matter with anyone but your attorney or immediate, trusted family. You should sign no documents without the consent of this office. Remember that at all times you may be photographed and investigated by the opposition. If you follow the simple precautions which we have set out in your checklist, we feel that we will be able to obtain a fair and appropriate amount for your injuries. If you get any letters from anyone in connection with your case, mail or fax them to your attorney immediately.
17. Questioning If any person approaches you with respect to this accident without your attorney's permission, make complete notes regarding the incident. These notes should include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any question(s). All questions should be referred to your attorney's office.
18. Investigation by Defendant Insurance Company Permit us to reiterate at this time that the opposition's insurance company will in all probability have a team of lawyers and investigators working diligently to counter your claim. During the course of their investigation, it is quite possible that they may attempt to contact you through various (and sometimes, devious) methods. Please do not make their jobs any easier for them by answering their questions.
We cannot emphasize too strongly that you should refrain at all times from discussing this matter with anyone--and that includes your employer, your relatives, your neighbors, and even your friends. Of course, there are exceptions to this rule.
If there are friends or neighbors or relatives who know all of the facts and circumstances surrounding the accident and can be of assistance to you, then they should be referred to this office so that their natural sympathy can be channeled into an effective asset for you.
Insurance companies pay money to claimants when they are satisfied there are both liability and damages that support a recovery. They can be expected to thoroughly investigate the facts of the accident and any past injuries or claims. The insurance company will obtain copies of all of the claimant's past medical records.
The value of a case depends on the Permanent Injury, medical treatment and doctor's reports Undoubtedly, you have questions as to how much your case is worth. We are going to be frank: The fact of the matter is there can be no answer to this question until we have completed the investigation in your case. Once we complete our investigation, of course, we can make a determination as to the amount of the defendant's liability, if any, and even at that we will only be at a starting point. After that, we must obtain all necessary information concerning your lost wages, your disability, your partial disability, your life changes, and your prognosis. You may rest assured of one thing, however, and that is the fact that your case will not be settled below its true value, that is the fair compensation for the injuries you have received. You may also rest assured that no settlement agreement will be entered into without your consent.
Conclusion We appreciate that this is a great deal of information to absorb. We also appreciate that our requests for client's assistance have been numerous. However, we are certain that our clients appreciate having this information from the outset. Each request and bit of information given here represents an important part in recovering full value for your injury. Therefore, we respectfully request your full cooperation. If you have questions or concerns regarding these instructions, we encourage you to feel free to contact the office at any time.
CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for a Confidential Appointment
About Kenneth Vercammen:
Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately 17 miles north of Princeton. He often lectures for the New Jersey State Bar Association on personal injury, criminal / municipal court law and drunk driving. He has published 125 articles in national and New Jersey publications on municipal court and litigation topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey and also successfully defended hundreds of individuals facing Municipal Court and Criminal Court charges.
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, arbitration hearings and contested administrative law hearings.
Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court), with the Delaware County PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA
DRIVING WITHOUT INSURANCE - STRICT LIABILITY AND SUBSTANTIAL PENALTIES
DRIVING WITHOUT INSURANCE - STRICT LIABILITY AND SUBSTANTIAL PENALTIES
The mandatory penalties imposed for driving without insurance is greater than the first offender penalties for drunk driving or possession of marijuana. Mandatory penalties include automatic loss of license for one year, $300.00 fine and a period of community service to be determined by the Municipal Court. N.J.S.A. 39:6B-2 The no car insurance statute is one of the few strict liability statutes. "Every owner or registered owner of a motor vehicle registered or principally garaged in this state shall maintain motor vehicle coverage, under provisions approved by the Commissioner of Insurance." N.J.S.A. 39:6B-1 There are also court costs and insurance surcharges of $250.00 per year for three years. Failure to produce at the time of trial an insurance card or insurance policy covering the date of the offense creates a rebuttable presumption that the person was uninsured when charged with the offense.
In State v. Kopp, 171 NJ Super 528 (Law Div. 1980), the courts established that knowledge of lack of insurance is not a defense. The legislative intent is clear that knowledge of lack of insurance is not an essential element which must be proved in order to sustain a conviction of an owner who operates a car without insurance. However, the section which imposes penalties against an individual who operates a motor vehicle without liability insurance does not apply to a New Jersey resident who is driving an automobile owned by an out-of-state friend who had been in New Jersey for five weeks. State v. Arslanouk, 67 NJ Super 387 (App. Div. 1979)
The Appellate Division, in the State v. Hochman, 188 NJ Super 382 (App. Div. 1982) examined and reversed a conviction for operating without liability insurance where the State failed to carry its burden of proving that an automobile liability insurance was lawfully canceled. In this fact specific case, defendant was charged with operating a vehicle he owned without insurance. It was stipulated that because of long hours defendant worked, he had asked his wife to look after household matters, including insurance matters, and gave her several thousand dollars each month to pay for them. Defendant Hochman's wife arranged through an insurance broker to have Allstate insure the vehicle. The insurance broker then arranged to finance the insurance premiums through a "Lee Finance" financial service. The defendant's wife then paid the broker and agreed to pay the balance to the financial service in monthly installments of $48.00. Id at 384.
Thereafter, defendant Hochman's wife made payments to the financial service through October 13, 1979. On October 15, 1979 Allstate informed defendant's wife by mail that there was due and owing a premium of $331.00 and payment should be made immediately. The defendant's wife notified the broker that she had received a letter from Allstate and reminded the broker that the insurance premiums were being financed through the finance agency pursuant to financing agreement arranged by it and therefore she did not have to pay the balance of the account.
The insurance broker informed the Defendant Hochman's wife that it would investigate the problem and contact her. In January 1980, because the defendant's wife had not heard from the insurance broker, she again contacted the insurance broker and informed him that she had received no further correspondence from Allstate. She inquired into the status of the insurance of the vehicle, the broker informed the defendant's wife they were still investigating the problem and would contact her when it had been resolved. It was further stipulated in Court that defendant was never told by his wife of the finance agreement or of the difficulties she had encountered with the insurance. In May 1980, defendant was transferred to another office and needed to use the car to get to work. According to stipulated facts, defendant's wife told the defendant that the vehicle could be driven. Defendant, relying upon what his wife had told him and believing that the vehicle was insured, drove the vehicle until July 15, 1980 when he was charged with violating the compulsory insurance provisions of N.J.S.A. 39:6B-2.
The insurance broker, as an agent, had issued an insurance identification card indicating the insurance would remain in effect from the period August 28, 1979 to August 28, 1980. In December 1979 defendant and his wife moved from the residence in Montclair and left a forwarding address. Thereafter in preparing for trial defendant learned that in October and November 1979 Lee Finance had liquidated without informing its clients, including defendant's wife.
Although Allstate claimed it mailed a cancellation notice, it stipulated that it had mailed the cancellation notice to an incorrect address, mailing it to 313 Park Street rather than 314 Park Street. The broker, First City, never informed defendant's wife, despite her inquiry, that Allstate had canceled the insurance policy or that the finance agency had liquidated, or that she could reinstate the policy by paying the balance due on the annual premium. The Appellate Division noted that in order to convict a defendant-owner of operating a motor vehicle in violation of the insurance provisions, the State did not have to show a culpable mental state, i.e., that defendant knew his vehicle was uninsured. The State simply had the burden of proving beyond a reasonable doubt that (1) defendant owned the vehicle, (2) the vehicle was registered in New Jersey, (3) defendant operated the vehicle or caused it to be operated upon any public road or highway in this State, and (4) the vehicle was without liability insurance coverage required by N.J.S.A. 39:6B-1. Id at 387.
The Appellate Division held that the first three elements of the offenses were proven beyond a reasonable doubt. The pivotal issue was whether the State had proven beyond a reasonable doubt the fourth element of the defense, that the vehicle was uninsured. The question was thus whether the liability insurance policy had been lawfully and effectively canceled when Defendant Hochman was charged for the offense. The Court found that Allstate had not properly canceled the insurance policy. The Court held;
"A notice of cancellation of a policy of automobile liability insurance is effective in this State only if it is based on one or more statutorily enumerated reasons, including the nonpayment of premiums. N.J.S.A. 17:29C-7(A)(a). Moreover, prior to March 10, 1981, where, as here, the cancellation was for nonpayment of premiums, the notice of cancellation must have been mailed or delivered by the insurance carrier (here Allstate) to the insured (here either defendant or his wife) at least ten days prior to the effective date of cancellation and must have been accompanied by a statement of the reason given for such cancellation. N.J.S.A. 17:29C-8. Proof of mailing of the notice of cancellation to the named insured at the address shown in the policy was deemed sufficient proof of notice. N.J.S.A. 17:29C-10. Under this latter statue, cancellation was effective whether or not the insured actually received notice of cancellation because proof of mailing, not proof of receipt, was the determinative factor. See Weathers v. Hartford Ins. Group, 77 N.J. 228, 234 (1978. Proof of mailing the notice, however, is not conclusive on the issue. The insured may still offer proof that he never received the notice "for the purpose of refuting the hypothesis of mailing." Id. at 235. Thus, in Weathers, the Supreme Court held:
'Although the inference of non-mailing provided by evidence of non-receipt might in most cases be outweighed by the inferences of mailing which may be drawn from a certificate of mailing whose reliability has been established, we discern no cogent reason for depriving the trier of fact of such evidence by holding it inadmissible , they are not conclusive of that issue and do not preclude the existence of a genuine issue of material fact in the face of a claim of non-receipt so as to entitle the insurer to judgment as a matter of law. See Sudduth v. Commonwealth County Mutual Ins. Co., 454 S. W. 2d 196 (Tex. Sup. Ct. 1970); 9 Wigmore on Evidence (3d ed. 1940) Sec. 2519; cf. Fitzpatrick v. Merchants and Manufacturers Fire Ins. Co., 122 N.J.L. 468 (E. &A. 1939). The contrary holding of Womack v. Fenton, 28 N.J. Super. 345 (App. Div. 1953), on this point is hereby overruled. Permitting the fact finder to consider the addressee-insured's denial of receipt of the notice of cancellation does not improperly add to the insurer's statutory burden of proving mailing by requiring it to prove actual receipt of the notice since such testimony is admissible only as the basis for an inference of its non-mailing. The insurer still need only prove constructive notice by adequately establishing that the notice of cancellation was mailed. Hochman at 388-389 Weathers at 235-236
The court noted that although Allstate claimed that a notice of cancellation was sent to the defendant's wife, this did not establish that the notice satisfied the statutory requirement of N.J.S.A. 17:29C-8. There is no proof that the notice mailed to the named insured (assuming that defendant's wife was the insured named in the policy) or that it was mailed to the address shown in the policy, or that its contents complied with statutory requirements. The court held "thus, we are constrained to hold that the State failed to sustain its burden of proving beyond a reasonable doubt that the Allstate automobile liability insurance policy covering defendant's vehicle was lawfully canceled. The Allstate policy therefore was presumptively in full force and effect... and defendant's conviction for violating the compulsory insurance provisions of N.J.S.A. 39:6B-2 cannot stand. Hochman at 389-390.
The insurance statutes under Title 19 of the New Jersey laws contain provisions which sometimes provide that all members of a household are covered under a policy issued to one member even if their name is not set forth on the policy. The uninsured defendant who lives with someone who owns an insured car may be included under that person's policy.
Operation is different in non-insurance matters than in drunk driving cases. A defendant who is seated in the driver's seat, behind the steering wheel of a vehicle that is under tow and was in physical control of the vehicle did not "operate" the vehicle for the purposes of prohibiting operating the vehicle while suspended, operating uninsured vehicle and operating unregistered vehicle, where the vehicle did not have an engine and incapable of being operated under its own power. Counsel can argue the state must prove the defendant drove the vehicle. State v. Derby, 256 N.J. Super. 702, (Law Div. 1992).
In a case involving Personal Injury Protection/ No Fault PIP benefits the Appellate Division recently ruled that an insurance company did not properly mail a notice of cancellation, thus the policy was not canceled. In Hodges v. Pennsylvania National Insurance Company, _____ NJ Super. _____ (App. Div. 1992), plaintiff was in a motor vehicle accident operating a vehicle owned by her mother. Plaintiff filed a PIP suit against the insurance company which had refused to pay medical bills and property damage. Defendant's insurance company claimed it canceled Alva Hodge's policy on December 16, 1988 for failure to remit the premium payment. Defendant submitted two pages of a November 28, 1988 "JUA Mailing List," which indicated Alva Hodges as an insured who was scheduled to be sent a notice of cancellation. The mailing list contained two November 28 stamps of the Harrisburg Post Office and two stamps of postage for the numerous letters of $39.00 and $99.75. The two postage stamps together totaled $138.75. The list claimed a "total mailing" of 640 notices. Plaintiff pointed out that a mailing of 640 notices at $.25 per piece (the 1988 postage stamp price) should have totaled $160.00. Because defendant paid only $138.75, plaintiff contends that all the lists and notices may not have been mailed. The mailing list also contained a signature and certification of one of the defendant's employees.
Plaintiff's counsel in Hodges pointed out that the Post Office's standard proof of mailing procedure differed from defendant's use of a preprinted mailing list. Plaintiff pointed out that the US Postal Service utilizes a "Certificate of Mailing," PS Form 3817, for the purposes documenting proof of mailing by regular mail. Prior to the stamping of this receipt, the Postal Service employees individually compares the receipt with the item being mailed. These forms are available in advance from the Post Office. (A copy of the first class mailing Certificate of Mailing was included as a footnote to the Court's opinion.) The Hodges Court noted that N.J.S.A. 17:29C-10 specifically enumerates the circumstances on which a notice of cancellation is effective:
"no written notice of cancellation or of intention not to renew sent by an insurer to an insured in accordance with the provisions of an automobile insurance shall be effective unless a. (1) it is sent by certified mail, or (2) at the time of the mailing of said notice by regular mail, the insurer has obtained from the Post Office Department a date stamped proof of mailing showing the name and address of the insured and b. the insurer has retained a duplicate copy of the mailed notice which is certified to be true. Slip op at 6. [Emphasis added by the Court.]
In order to be effective, notice of cancellation "must be set in strict compliance with the provisions of N.J.S.A. 17:29C-10." Citing Lopez v. New Jersey Automobile Full Underwriting Association, 239 NJ Super. 13, 20, (App. Div.), certif. den. 122 N.J. 131 (1990) (absence of proof of personal knowledge of mailing by postal employee or insurer employee renders notice ineffective). The Court questioned whether the stamped proof of payment of money in postage was proof of mailing. The Appellate Division in Hodges noted that our Courts have interpreted the statute to require a precise proof of mailing, usually the official "U.S. Postal Service Certificate of Mailing."
In Celino v. General Accident Insurance, 211 N.J. Super. 538 (App. Div. 1986), the Court ruled that this specific postal certificate of mailing satisfied the statute's proof of mailing requirement. Celino at 540-541 (determining that the insurer's notice was ineffective because insured failed to retain a duplicate copy of the notice, thereby violating part (b) of the statute). The Appellate Division in Celino determined that defendant's proof of payment of postage and the employee's certification fell far short of the quality of proof inherent in an official post office certificate. Because the defendant's proofs were insufficient to establish compliance with the statute, there existed an unresolved issues of fact. The Appellate Division found that the trial court erred and granting in summary judgment and remanded the question as to notice for further proceedings.
If there is a question involving improper cancellation or improper notice, we would suggest your attorney prepare a subpoena to the insurance company and also a hand delivered subpoena to your insurance broker. You may discover notice of cancellation was improper or notices mailed to the wrong address. We all know the poor track record by JUA and MTF companies.
If a husband and wife, or both, are named in the policy, Lumbermens Mutual Casualty Co. v. Carriere 170 N.J. Super. 437, 450 (Law Div. 1979) supports the proposition that both husband and wife named in the policy should receive notice.
A cancellation notice is invalid if issued before the premium due date. Recently, in Christian v. Ormsby, _____ N.J. Super _____ (Law Div. decided December 18, 1992), the court held under N.J.S.A. 17:29C-8, an automobile insurer may not issue a cancellation notice to the insured for non-payment of premiums before the date on which the premium is due. (This case also dealt with the incompetent JUA.) The Christian notices of cancellation and a reminder notice were mailed by Liberty Mutual. However, the court found that the notice was ineffective to cancel the policy before the accident Plaintiff Christian was involved in. The court found that although the notice issued by Liberty Mutual to the Christians on October 21, 1987 stated its reason for cancellation as "non-payment of premium," the court found that, on the date the notice was mailed, the Christians' premium to the JUA was not past due and the Christians' were not yet in default.
The court also rejected the JUA's argument that the cancellation notice could have been mailed at any time after the premium notice, so long as it did not become effective until after the due date. The court interpreted the statutory language requires 15 days notice of cancellation in a language referring to "non-payment of premium" together to imply a legislative intent to provide with a 15-day grace period after default in the payment of an automobile insurance policy premium before the insurer is able to effectively cancel the policy. The purpose is to allow defaulting policyholders an opportunity during that grace period to pay their premiums and to keep the policy in force. Consequently, any cancellation notice issued before such default is premature and invalid.
A bad check will permit insurer to cancel insurance policy. In Abdel-Rahman v. Ludas, _____ NJ Super _____ (App. Div. decided July 7, 1993), an insurer's acceptance of a check in payment of a premium is conditioned upon payment by the drawee institution. An insured's failure to pay the premium, which occurs when the check is dishonored, entitles the insurer to cancel the policy. On August 13, 1990, Ohio Casualty issued a three-month, short-term reinstatement of policy. Included in the reinstatement letter to the insured was a notice advising the reinstatement would be considered void from its inception if the check accepted in payment of the reinstatement was dishonored when presented to the drawee bank.
On August 22, Ohio Casualty learned that the check was dishonored by the insured's bank. Having a policy of presenting a check twice for payment, Ohio Casualty redeposited the check that same date. The check was again returned for insufficient funds on August 24. On both occasions the bank mailed notices of the dishonoring to the insured. The insured's bank statement also indicated that the checks had been dishonored.
Ohio Casualty canceled insured Ludas' policy on September 6, 1990. On September 12, 1990, the company informed Ludas of the cancellation, which was retroactively effective July 29, 1990. The insured did no dispute the facts but claimed that the family made a mistake and deposited the money into the wrong account. Both the motion judge and the Appellate Division found that mere delivery of the check, "a worthless piece of paper," to the insurer was not enough to keep the policy in effect.
The non-insurance NJSBA 39:6B-2 statute provides there is a rebuttable presumption of no insurance if no card or policy produced. Remember, however, that a presumption does not equal guilty.
The charge of simple operation without insurance by the non-owner presents additional viable defenses to the charge of no insurance. There is not a strict liability provision involving mere operators. The State must prove the operator knew or should have known from the attendant circumstances that the motor vehicle was without motor vehicle liability coverage. Such facts can be gathered from the relationship between the parties, whether or not the vehicle had a valid inspection sticker and testimony by the owner who often is also issued an uninsured motorist charge.
In Matlad v. US Services, 174 NJ Super. 499 417 A. 2d 46 (App. Div. 1980), where husband canceled policy without telling wife, deletion was void as against public policy and coverage continued for wife. The defendant/owner must operate or cause the car to be operated. If a driver took the car without permission that day, the owner did not cause the vehicle to be operated.
The State is still required to provide discovery. Occasionally a case is dismissed because the State failed to provide discovery. The bottom line is never let your insurance expire. Mandatory penalties are automatic loss of license for one year, $300.00 fine and a period of community service to be determined by the Municipal Court. If you don't have insurance, don't drive.
No insurance penalties increased 2002
39:6B-2. Penalties
2. Any owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this State without motor vehicle liability insurance coverage required by this act, and any operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage required by this act shall be subject, for the first offense, to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court, and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction.? Upon subsequent conviction, he shall be subject to a fine of up to $5,000 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction, and, after the expiration of said period, he may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director. The director's discretion shall be based upon an assessment of the likelihood that the individual will operate or cause a motor vehicle to be operated in the future without the insurance coverage required by this act. A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense.
Failure to produce at the time of trial an insurance identification card or an insurance policy which was in force for the time of operation for which the offense is charged creates a rebuttable presumption that the person was uninsured when charged with a violation of this section.
L.1972,c.197,s.2; amended 1983, c.141, s.1; 1987, c.46; 1988, c.156, s.15; 1990, c.8, s.49; 1997, c.151, s.12.
39:6B-3. Uninsured motorist prevention fund The Uninsured Motorist Prevention Fund (hereinafter referred to as the "fund" ) is established as a nonlapsing, revolving fund into which shall be deposited all revenues from the fines imposed pursuant to section 2 of P.L. 1972, c. 197 (C. 39:6B-2). Interest received on moneys in the fund shall be credited to the fund. The fund shall be administered by the Division of Motor Vehicles in the Department of Law and Public Safety.? Moneys in the fund shall be allocated and used for the purpose of the administrative expenses of the fund and enforcement of the compulsory motor vehicle insurance law, P.L. 1972, c. 197 (C. 39:6B-1 et seq.) by the Division of Motor Vehicles.
L.1983, c. 141, s. 2, eff. April 20, 1983.
The mandatory penalties imposed for driving without insurance is greater than the first offender penalties for drunk driving or possession of marijuana. Mandatory penalties include automatic loss of license for one year, $300.00 fine and a period of community service to be determined by the Municipal Court. N.J.S.A. 39:6B-2 The no car insurance statute is one of the few strict liability statutes. "Every owner or registered owner of a motor vehicle registered or principally garaged in this state shall maintain motor vehicle coverage, under provisions approved by the Commissioner of Insurance." N.J.S.A. 39:6B-1 There are also court costs and insurance surcharges of $250.00 per year for three years. Failure to produce at the time of trial an insurance card or insurance policy covering the date of the offense creates a rebuttable presumption that the person was uninsured when charged with the offense.
In State v. Kopp, 171 NJ Super 528 (Law Div. 1980), the courts established that knowledge of lack of insurance is not a defense. The legislative intent is clear that knowledge of lack of insurance is not an essential element which must be proved in order to sustain a conviction of an owner who operates a car without insurance. However, the section which imposes penalties against an individual who operates a motor vehicle without liability insurance does not apply to a New Jersey resident who is driving an automobile owned by an out-of-state friend who had been in New Jersey for five weeks. State v. Arslanouk, 67 NJ Super 387 (App. Div. 1979)
The Appellate Division, in the State v. Hochman, 188 NJ Super 382 (App. Div. 1982) examined and reversed a conviction for operating without liability insurance where the State failed to carry its burden of proving that an automobile liability insurance was lawfully canceled. In this fact specific case, defendant was charged with operating a vehicle he owned without insurance. It was stipulated that because of long hours defendant worked, he had asked his wife to look after household matters, including insurance matters, and gave her several thousand dollars each month to pay for them. Defendant Hochman's wife arranged through an insurance broker to have Allstate insure the vehicle. The insurance broker then arranged to finance the insurance premiums through a "Lee Finance" financial service. The defendant's wife then paid the broker and agreed to pay the balance to the financial service in monthly installments of $48.00. Id at 384.
Thereafter, defendant Hochman's wife made payments to the financial service through October 13, 1979. On October 15, 1979 Allstate informed defendant's wife by mail that there was due and owing a premium of $331.00 and payment should be made immediately. The defendant's wife notified the broker that she had received a letter from Allstate and reminded the broker that the insurance premiums were being financed through the finance agency pursuant to financing agreement arranged by it and therefore she did not have to pay the balance of the account.
The insurance broker informed the Defendant Hochman's wife that it would investigate the problem and contact her. In January 1980, because the defendant's wife had not heard from the insurance broker, she again contacted the insurance broker and informed him that she had received no further correspondence from Allstate. She inquired into the status of the insurance of the vehicle, the broker informed the defendant's wife they were still investigating the problem and would contact her when it had been resolved. It was further stipulated in Court that defendant was never told by his wife of the finance agreement or of the difficulties she had encountered with the insurance. In May 1980, defendant was transferred to another office and needed to use the car to get to work. According to stipulated facts, defendant's wife told the defendant that the vehicle could be driven. Defendant, relying upon what his wife had told him and believing that the vehicle was insured, drove the vehicle until July 15, 1980 when he was charged with violating the compulsory insurance provisions of N.J.S.A. 39:6B-2.
The insurance broker, as an agent, had issued an insurance identification card indicating the insurance would remain in effect from the period August 28, 1979 to August 28, 1980. In December 1979 defendant and his wife moved from the residence in Montclair and left a forwarding address. Thereafter in preparing for trial defendant learned that in October and November 1979 Lee Finance had liquidated without informing its clients, including defendant's wife.
Although Allstate claimed it mailed a cancellation notice, it stipulated that it had mailed the cancellation notice to an incorrect address, mailing it to 313 Park Street rather than 314 Park Street. The broker, First City, never informed defendant's wife, despite her inquiry, that Allstate had canceled the insurance policy or that the finance agency had liquidated, or that she could reinstate the policy by paying the balance due on the annual premium. The Appellate Division noted that in order to convict a defendant-owner of operating a motor vehicle in violation of the insurance provisions, the State did not have to show a culpable mental state, i.e., that defendant knew his vehicle was uninsured. The State simply had the burden of proving beyond a reasonable doubt that (1) defendant owned the vehicle, (2) the vehicle was registered in New Jersey, (3) defendant operated the vehicle or caused it to be operated upon any public road or highway in this State, and (4) the vehicle was without liability insurance coverage required by N.J.S.A. 39:6B-1. Id at 387.
The Appellate Division held that the first three elements of the offenses were proven beyond a reasonable doubt. The pivotal issue was whether the State had proven beyond a reasonable doubt the fourth element of the defense, that the vehicle was uninsured. The question was thus whether the liability insurance policy had been lawfully and effectively canceled when Defendant Hochman was charged for the offense. The Court found that Allstate had not properly canceled the insurance policy. The Court held;
"A notice of cancellation of a policy of automobile liability insurance is effective in this State only if it is based on one or more statutorily enumerated reasons, including the nonpayment of premiums. N.J.S.A. 17:29C-7(A)(a). Moreover, prior to March 10, 1981, where, as here, the cancellation was for nonpayment of premiums, the notice of cancellation must have been mailed or delivered by the insurance carrier (here Allstate) to the insured (here either defendant or his wife) at least ten days prior to the effective date of cancellation and must have been accompanied by a statement of the reason given for such cancellation. N.J.S.A. 17:29C-8. Proof of mailing of the notice of cancellation to the named insured at the address shown in the policy was deemed sufficient proof of notice. N.J.S.A. 17:29C-10. Under this latter statue, cancellation was effective whether or not the insured actually received notice of cancellation because proof of mailing, not proof of receipt, was the determinative factor. See Weathers v. Hartford Ins. Group, 77 N.J. 228, 234 (1978. Proof of mailing the notice, however, is not conclusive on the issue. The insured may still offer proof that he never received the notice "for the purpose of refuting the hypothesis of mailing." Id. at 235. Thus, in Weathers, the Supreme Court held:
'Although the inference of non-mailing provided by evidence of non-receipt might in most cases be outweighed by the inferences of mailing which may be drawn from a certificate of mailing whose reliability has been established, we discern no cogent reason for depriving the trier of fact of such evidence by holding it inadmissible , they are not conclusive of that issue and do not preclude the existence of a genuine issue of material fact in the face of a claim of non-receipt so as to entitle the insurer to judgment as a matter of law. See Sudduth v. Commonwealth County Mutual Ins. Co., 454 S. W. 2d 196 (Tex. Sup. Ct. 1970); 9 Wigmore on Evidence (3d ed. 1940) Sec. 2519; cf. Fitzpatrick v. Merchants and Manufacturers Fire Ins. Co., 122 N.J.L. 468 (E. &A. 1939). The contrary holding of Womack v. Fenton, 28 N.J. Super. 345 (App. Div. 1953), on this point is hereby overruled. Permitting the fact finder to consider the addressee-insured's denial of receipt of the notice of cancellation does not improperly add to the insurer's statutory burden of proving mailing by requiring it to prove actual receipt of the notice since such testimony is admissible only as the basis for an inference of its non-mailing. The insurer still need only prove constructive notice by adequately establishing that the notice of cancellation was mailed. Hochman at 388-389 Weathers at 235-236
The court noted that although Allstate claimed that a notice of cancellation was sent to the defendant's wife, this did not establish that the notice satisfied the statutory requirement of N.J.S.A. 17:29C-8. There is no proof that the notice mailed to the named insured (assuming that defendant's wife was the insured named in the policy) or that it was mailed to the address shown in the policy, or that its contents complied with statutory requirements. The court held "thus, we are constrained to hold that the State failed to sustain its burden of proving beyond a reasonable doubt that the Allstate automobile liability insurance policy covering defendant's vehicle was lawfully canceled. The Allstate policy therefore was presumptively in full force and effect... and defendant's conviction for violating the compulsory insurance provisions of N.J.S.A. 39:6B-2 cannot stand. Hochman at 389-390.
The insurance statutes under Title 19 of the New Jersey laws contain provisions which sometimes provide that all members of a household are covered under a policy issued to one member even if their name is not set forth on the policy. The uninsured defendant who lives with someone who owns an insured car may be included under that person's policy.
Operation is different in non-insurance matters than in drunk driving cases. A defendant who is seated in the driver's seat, behind the steering wheel of a vehicle that is under tow and was in physical control of the vehicle did not "operate" the vehicle for the purposes of prohibiting operating the vehicle while suspended, operating uninsured vehicle and operating unregistered vehicle, where the vehicle did not have an engine and incapable of being operated under its own power. Counsel can argue the state must prove the defendant drove the vehicle. State v. Derby, 256 N.J. Super. 702, (Law Div. 1992).
In a case involving Personal Injury Protection/ No Fault PIP benefits the Appellate Division recently ruled that an insurance company did not properly mail a notice of cancellation, thus the policy was not canceled. In Hodges v. Pennsylvania National Insurance Company, _____ NJ Super. _____ (App. Div. 1992), plaintiff was in a motor vehicle accident operating a vehicle owned by her mother. Plaintiff filed a PIP suit against the insurance company which had refused to pay medical bills and property damage. Defendant's insurance company claimed it canceled Alva Hodge's policy on December 16, 1988 for failure to remit the premium payment. Defendant submitted two pages of a November 28, 1988 "JUA Mailing List," which indicated Alva Hodges as an insured who was scheduled to be sent a notice of cancellation. The mailing list contained two November 28 stamps of the Harrisburg Post Office and two stamps of postage for the numerous letters of $39.00 and $99.75. The two postage stamps together totaled $138.75. The list claimed a "total mailing" of 640 notices. Plaintiff pointed out that a mailing of 640 notices at $.25 per piece (the 1988 postage stamp price) should have totaled $160.00. Because defendant paid only $138.75, plaintiff contends that all the lists and notices may not have been mailed. The mailing list also contained a signature and certification of one of the defendant's employees.
Plaintiff's counsel in Hodges pointed out that the Post Office's standard proof of mailing procedure differed from defendant's use of a preprinted mailing list. Plaintiff pointed out that the US Postal Service utilizes a "Certificate of Mailing," PS Form 3817, for the purposes documenting proof of mailing by regular mail. Prior to the stamping of this receipt, the Postal Service employees individually compares the receipt with the item being mailed. These forms are available in advance from the Post Office. (A copy of the first class mailing Certificate of Mailing was included as a footnote to the Court's opinion.) The Hodges Court noted that N.J.S.A. 17:29C-10 specifically enumerates the circumstances on which a notice of cancellation is effective:
"no written notice of cancellation or of intention not to renew sent by an insurer to an insured in accordance with the provisions of an automobile insurance shall be effective unless a. (1) it is sent by certified mail, or (2) at the time of the mailing of said notice by regular mail, the insurer has obtained from the Post Office Department a date stamped proof of mailing showing the name and address of the insured and b. the insurer has retained a duplicate copy of the mailed notice which is certified to be true. Slip op at 6. [Emphasis added by the Court.]
In order to be effective, notice of cancellation "must be set in strict compliance with the provisions of N.J.S.A. 17:29C-10." Citing Lopez v. New Jersey Automobile Full Underwriting Association, 239 NJ Super. 13, 20, (App. Div.), certif. den. 122 N.J. 131 (1990) (absence of proof of personal knowledge of mailing by postal employee or insurer employee renders notice ineffective). The Court questioned whether the stamped proof of payment of money in postage was proof of mailing. The Appellate Division in Hodges noted that our Courts have interpreted the statute to require a precise proof of mailing, usually the official "U.S. Postal Service Certificate of Mailing."
In Celino v. General Accident Insurance, 211 N.J. Super. 538 (App. Div. 1986), the Court ruled that this specific postal certificate of mailing satisfied the statute's proof of mailing requirement. Celino at 540-541 (determining that the insurer's notice was ineffective because insured failed to retain a duplicate copy of the notice, thereby violating part (b) of the statute). The Appellate Division in Celino determined that defendant's proof of payment of postage and the employee's certification fell far short of the quality of proof inherent in an official post office certificate. Because the defendant's proofs were insufficient to establish compliance with the statute, there existed an unresolved issues of fact. The Appellate Division found that the trial court erred and granting in summary judgment and remanded the question as to notice for further proceedings.
If there is a question involving improper cancellation or improper notice, we would suggest your attorney prepare a subpoena to the insurance company and also a hand delivered subpoena to your insurance broker. You may discover notice of cancellation was improper or notices mailed to the wrong address. We all know the poor track record by JUA and MTF companies.
If a husband and wife, or both, are named in the policy, Lumbermens Mutual Casualty Co. v. Carriere 170 N.J. Super. 437, 450 (Law Div. 1979) supports the proposition that both husband and wife named in the policy should receive notice.
A cancellation notice is invalid if issued before the premium due date. Recently, in Christian v. Ormsby, _____ N.J. Super _____ (Law Div. decided December 18, 1992), the court held under N.J.S.A. 17:29C-8, an automobile insurer may not issue a cancellation notice to the insured for non-payment of premiums before the date on which the premium is due. (This case also dealt with the incompetent JUA.) The Christian notices of cancellation and a reminder notice were mailed by Liberty Mutual. However, the court found that the notice was ineffective to cancel the policy before the accident Plaintiff Christian was involved in. The court found that although the notice issued by Liberty Mutual to the Christians on October 21, 1987 stated its reason for cancellation as "non-payment of premium," the court found that, on the date the notice was mailed, the Christians' premium to the JUA was not past due and the Christians' were not yet in default.
The court also rejected the JUA's argument that the cancellation notice could have been mailed at any time after the premium notice, so long as it did not become effective until after the due date. The court interpreted the statutory language requires 15 days notice of cancellation in a language referring to "non-payment of premium" together to imply a legislative intent to provide with a 15-day grace period after default in the payment of an automobile insurance policy premium before the insurer is able to effectively cancel the policy. The purpose is to allow defaulting policyholders an opportunity during that grace period to pay their premiums and to keep the policy in force. Consequently, any cancellation notice issued before such default is premature and invalid.
A bad check will permit insurer to cancel insurance policy. In Abdel-Rahman v. Ludas, _____ NJ Super _____ (App. Div. decided July 7, 1993), an insurer's acceptance of a check in payment of a premium is conditioned upon payment by the drawee institution. An insured's failure to pay the premium, which occurs when the check is dishonored, entitles the insurer to cancel the policy. On August 13, 1990, Ohio Casualty issued a three-month, short-term reinstatement of policy. Included in the reinstatement letter to the insured was a notice advising the reinstatement would be considered void from its inception if the check accepted in payment of the reinstatement was dishonored when presented to the drawee bank.
On August 22, Ohio Casualty learned that the check was dishonored by the insured's bank. Having a policy of presenting a check twice for payment, Ohio Casualty redeposited the check that same date. The check was again returned for insufficient funds on August 24. On both occasions the bank mailed notices of the dishonoring to the insured. The insured's bank statement also indicated that the checks had been dishonored.
Ohio Casualty canceled insured Ludas' policy on September 6, 1990. On September 12, 1990, the company informed Ludas of the cancellation, which was retroactively effective July 29, 1990. The insured did no dispute the facts but claimed that the family made a mistake and deposited the money into the wrong account. Both the motion judge and the Appellate Division found that mere delivery of the check, "a worthless piece of paper," to the insurer was not enough to keep the policy in effect.
The non-insurance NJSBA 39:6B-2 statute provides there is a rebuttable presumption of no insurance if no card or policy produced. Remember, however, that a presumption does not equal guilty.
The charge of simple operation without insurance by the non-owner presents additional viable defenses to the charge of no insurance. There is not a strict liability provision involving mere operators. The State must prove the operator knew or should have known from the attendant circumstances that the motor vehicle was without motor vehicle liability coverage. Such facts can be gathered from the relationship between the parties, whether or not the vehicle had a valid inspection sticker and testimony by the owner who often is also issued an uninsured motorist charge.
In Matlad v. US Services, 174 NJ Super. 499 417 A. 2d 46 (App. Div. 1980), where husband canceled policy without telling wife, deletion was void as against public policy and coverage continued for wife. The defendant/owner must operate or cause the car to be operated. If a driver took the car without permission that day, the owner did not cause the vehicle to be operated.
The State is still required to provide discovery. Occasionally a case is dismissed because the State failed to provide discovery. The bottom line is never let your insurance expire. Mandatory penalties are automatic loss of license for one year, $300.00 fine and a period of community service to be determined by the Municipal Court. If you don't have insurance, don't drive.
No insurance penalties increased 2002
39:6B-2. Penalties
2. Any owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this State without motor vehicle liability insurance coverage required by this act, and any operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage required by this act shall be subject, for the first offense, to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court, and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction.? Upon subsequent conviction, he shall be subject to a fine of up to $5,000 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction, and, after the expiration of said period, he may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director. The director's discretion shall be based upon an assessment of the likelihood that the individual will operate or cause a motor vehicle to be operated in the future without the insurance coverage required by this act. A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense.
Failure to produce at the time of trial an insurance identification card or an insurance policy which was in force for the time of operation for which the offense is charged creates a rebuttable presumption that the person was uninsured when charged with a violation of this section.
L.1972,c.197,s.2; amended 1983, c.141, s.1; 1987, c.46; 1988, c.156, s.15; 1990, c.8, s.49; 1997, c.151, s.12.
39:6B-3. Uninsured motorist prevention fund The Uninsured Motorist Prevention Fund (hereinafter referred to as the "fund" ) is established as a nonlapsing, revolving fund into which shall be deposited all revenues from the fines imposed pursuant to section 2 of P.L. 1972, c. 197 (C. 39:6B-2). Interest received on moneys in the fund shall be credited to the fund. The fund shall be administered by the Division of Motor Vehicles in the Department of Law and Public Safety.? Moneys in the fund shall be allocated and used for the purpose of the administrative expenses of the fund and enforcement of the compulsory motor vehicle insurance law, P.L. 1972, c. 197 (C. 39:6B-1 et seq.) by the Division of Motor Vehicles.
L.1983, c. 141, s. 2, eff. April 20, 1983.
Sunday, May 10, 2009
Latest Cases and Court Rules in Municipal Court program
Latest Cases and Court Rules in Municipal Court program Thursday, May 14
8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ
The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14. If you haven't already registered, what are you waiting for? Don't miss the opportunity to earn up to 10 CLE credits at over 60 informative and timely programs.
The NJSBA Municipal Court Section is sponsoring 4 seminars in one day on Thursday May 14, 2009 at the annual convention in AC. Get 6 credits plus breakfast and lunch for a one day fee:
Register online now!
Municipal Court Practice Track:
(includes full day convention access to all other tracks, vendors, and food buffets
Breakfast Buffet at Exhibition Hall
Municipal Court Practice Section Municipal COURT TRACK
8:00 am - The Latest Cases and Court Rules in Municipal Court
Thursday, May 14 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ
10:00 am - DWI in the Age of Chun, 1.5 credits
Speaker: Jeffrey Evan Gold, Esq.
Luncheon Buffet at Exhibition Hall
1:00 pm - What to Look for in Alcotest Discovery, 1.5 credits
Speaker: Arnold N. Fishman, Esq.
3:00 pm - Municipal Court Bench/Bar Forum. 1.5 credits
Panelists: Hon. Joan Robinson Gross, P.J.M.C.
Hon. Robert F. Schaul, JMC
Hon. E. Ronald Wright, JMC
Paris P. Eliades, Esq. Courter Kobert & Cohen, PC
Jeffrey E. Gold, Esq.
Deborah Veach, Esq. Municipal Prosecutor, Township of Teaneck
Other important programs:
-Equity Jurisprudence Committee Litigation TRACK (CHANCERY)
Thursday, May 14 1 - 2:30 p.m.
Chancery judges and general equity practitioners will discuss a variety of topics, including foreclosure mediation, equity practice in the current economic crisis and other priceless tips for chancery litigators.
Moderator: Alexandra V. Gallo, Esq., McElroy Deutsch, Mulvaney & Carpenter, LLP
Speakers: Hon. Harriet Derman, P.J.Ch.
Hon. Glenn Berman, J.S.C.
Hon. Harriet Farber Klein, J.S.C.
Frederick W. Alworth, Esq. Gibbons, PC
Thomas P. Scrivo, Esq. McElroy, Deutsch, Mulvaney & Carpenter, LLP
Kevin M .Wolfe, Esq. Chief Civil Practice Liaison, Administrative Office of the Courts
-Prosecuting and Defending the Police Officer
Criminal Law Section Litigation TRACK (CRIMINAL)
Thursday, May 14 3 - 4:30 p.m.
Moderator: Robert Brass, Esq. Picillo Caruso Pope Edell Picini, PC
Speakers: Paul J. Bradley, Esq. Supervising Assistant Prosecutor, Essex County Prosecutor's Office
Kevin P. McCann, Esq. NJSBA Treasurer
John L. Molinelli, Esq. Bergen County Prosecutor
Brian J. Neary, Esq
Anthony J. Pope, Esq. Picillo Caruso Pope Edell Picini, PC
Speaker: Kenneth Vercammen, Esq. Edison, NJ
The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14. If you haven't already registered, what are you waiting for? Don't miss the opportunity to earn up to 10 CLE credits at over 60 informative and timely programs.
The NJSBA Municipal Court Section is sponsoring 4 seminars in one day on Thursday May 14, 2009 at the annual convention in AC. Get 6 credits plus breakfast and lunch for a one day fee:
Register online now!
Municipal Court Practice Track:
(includes full day convention access to all other tracks, vendors, and food buffets
Breakfast Buffet at Exhibition Hall
Municipal Court Practice Section Municipal COURT TRACK
8:00 am - The Latest Cases and Court Rules in Municipal Court
Thursday, May 14 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ
10:00 am - DWI in the Age of Chun, 1.5 credits
Speaker: Jeffrey Evan Gold, Esq.
Luncheon Buffet at Exhibition Hall
1:00 pm - What to Look for in Alcotest Discovery, 1.5 credits
Speaker: Arnold N. Fishman, Esq.
3:00 pm - Municipal Court Bench/Bar Forum. 1.5 credits
Panelists: Hon. Joan Robinson Gross, P.J.M.C.
Hon. Robert F. Schaul, JMC
Hon. E. Ronald Wright, JMC
Paris P. Eliades, Esq. Courter Kobert & Cohen, PC
Jeffrey E. Gold, Esq.
Deborah Veach, Esq. Municipal Prosecutor, Township of Teaneck
Other important programs:
-Equity Jurisprudence Committee Litigation TRACK (CHANCERY)
Thursday, May 14 1 - 2:30 p.m.
Chancery judges and general equity practitioners will discuss a variety of topics, including foreclosure mediation, equity practice in the current economic crisis and other priceless tips for chancery litigators.
Moderator: Alexandra V. Gallo, Esq., McElroy Deutsch, Mulvaney & Carpenter, LLP
Speakers: Hon. Harriet Derman, P.J.Ch.
Hon. Glenn Berman, J.S.C.
Hon. Harriet Farber Klein, J.S.C.
Frederick W. Alworth, Esq. Gibbons, PC
Thomas P. Scrivo, Esq. McElroy, Deutsch, Mulvaney & Carpenter, LLP
Kevin M .Wolfe, Esq. Chief Civil Practice Liaison, Administrative Office of the Courts
-Prosecuting and Defending the Police Officer
Criminal Law Section Litigation TRACK (CRIMINAL)
Thursday, May 14 3 - 4:30 p.m.
Moderator: Robert Brass, Esq. Picillo Caruso Pope Edell Picini, PC
Speakers: Paul J. Bradley, Esq. Supervising Assistant Prosecutor, Essex County Prosecutor's Office
Kevin P. McCann, Esq. NJSBA Treasurer
John L. Molinelli, Esq. Bergen County Prosecutor
Brian J. Neary, Esq
Anthony J. Pope, Esq. Picillo Caruso Pope Edell Picini, PC
Kenneth Vercammen named Super Lawyer for 2009
Kenneth Vercammen named Super Lawyer for 2009
ABOUT SUPER LAWYERS
Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
Super Lawyers is published as a special supplement in leading newspapers and city and regional magazines across the country. Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the ABA-approved law school libraries.
Polling, research and selection are performed by Law & Politics, a publication of Key Professional Media, Inc. Law & Politics has been publishing legal magazines since 1990 and Super Lawyers since 1991.
Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Rising Stars names the state's top up-and-coming attorneys.
Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers.
SUPER LAWYERS SELECTION PROCESS
OVERVIEW
In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.
PUBLICATION
The final published list represents no more than 5 percent of the lawyers in the state. The lists are published annually in state and regional editions of Super Lawyers magazines and in inserts and special advertising sections in leading city and regional magazines and newspapers. All attorneys selected for inclusion in Super Lawyers, regardless of year, can be found on superlawyers.com.
http://www.superlawyers.com/new-jersey/lawyer/Kenneth-A-Vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html
ABOUT SUPER LAWYERS
Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
Super Lawyers is published as a special supplement in leading newspapers and city and regional magazines across the country. Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the ABA-approved law school libraries.
Polling, research and selection are performed by Law & Politics, a publication of Key Professional Media, Inc. Law & Politics has been publishing legal magazines since 1990 and Super Lawyers since 1991.
Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Rising Stars names the state's top up-and-coming attorneys.
Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers.
SUPER LAWYERS SELECTION PROCESS
OVERVIEW
In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.
PUBLICATION
The final published list represents no more than 5 percent of the lawyers in the state. The lists are published annually in state and regional editions of Super Lawyers magazines and in inserts and special advertising sections in leading city and regional magazines and newspapers. All attorneys selected for inclusion in Super Lawyers, regardless of year, can be found on superlawyers.com.
http://www.superlawyers.com/new-jersey/lawyer/Kenneth-A-Vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html
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