In the aftermath of a motor vehicle accident, one of the first things you often worry about is how your medical bills will be paid. There are a couple ways this can be handled in New Jersey, depending on the type of automobile insurance policy you purchase.
In New Jersey, no-fault motor vehicle insurance is optional. If you choose no-fault coverage, you look to your own insurance provider to recover for any losses suffered in a collision. Your insurer will typically seek reimbursement of any amounts paid out from the at-fault party’s insurer, under a legal proceeding known as subrogation. But your insurer will reimburse you for all medical and other losses related to the accident.
But in New Jersey, though, unlike many other states with no-fault laws, you have the choice—you can select no-fault coverage or you can obtain a "traditional" policy of automobile insurance. If you opt for the traditional policy, you still have the right to sue the other party or the other party’s insurance provider directly.
In addition, there’s a provision in the New Jersey law that permits an injured motorist to file a personal injury claim directly against an at-fault driver or that driver’s insurance provider. If you can show that you suffered “serious injury” –defined under the statute to involve “dismemberment, significant disfigurement or scarring, displaced fractures, or the loss of a fetus—you will not be limited to pursuing a claim with your insurance carrier, but may file a civil lawsuit against the wrongdoer and/or his insurance company.
Contact Attorney Gregg A. Wisotsky
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.