When you have been injured in a car accident, one of the first things you traditionally do is gather insurance information from the party at fault. But that’s not because you will need to file a claim with the at-fault party’s insurer to pay for any medical expenses you have. In fact, in New Jersey, as in all states, insurance coverage is what is known as “no-fault,” i.e., medical bills are paid regardless of fault. So how does it work?
Under New Jersey’s no-fault insurance laws, when you are injured in a car crash, all claims for medical loss, as well as property damage, are filed with your own insurance provider. When you purchase auto insurance, there’s a mandatory provision in most policies called Personal Injury Protection, or PIP. Accordingly, even if the accident was entirely the fault of another person, you can’t seek compensation for any medical bills from that person (or that person’s insurance company).
When you buy auto insurance, you have some flexibility with respect to how much coverage you get in the event of an injury. The customary amount is $250,000, but you can get as little as $15,000 and pay lower premiums. If you have your own separate health insurance policy, you may consider doing this, but it’s a highly risky proposition. Many private health insurance contracts do not accept primary payer status, which means that you must exhaust all other sources of reimbursement or coverage before they kick in. In addition, your health insurance provider may put a lien on any proceeds of a lawsuit—this is typically not the case with a PIP policy.
Contact the New Brunswick Personal Injury Lawyers at the Law Offices of Harold J. Gerr
At the Law Offices of Harold J. Gerr, we have fought for the rights of personal injury victims in central New Jersey for more than four decades. We carefully choose the cases we handle, so that we can provide the highest levels of service and personal attention to each client. We are also happy to take over your case, if your first lawyer does not seem to have your best interests in mind.
OSHA officials had no explanation for why the injuries were never reported.
To set us a free initial consultation, send us an e-mail or call our office at 732-537-8570.
