Navigating medical expenses after a car accident can be overwhelming, but understanding your options makes all the difference. In New Jersey, Personal Injury Protection (PIP) covers medical bills, and if you have additional income continuation coverage, it may also cover lost wages—regardless of who caused the crash. However, PIP policy limits, benefit availability, covered damages, and your right to sue can all affect your claim and compensation.
New Jersey PIP Laws That May Impact Your Car Accident Claim
If you suffered injuries in a car accident in New Jersey, you can seek damages from your own insurance policy, no matter who caused the crash. According to New Jersey law, all car insurance policies must include Personal Injury Protection, which covers the economic costs of your injuries. However, obtaining compensation and navigating New Jersey’s PIP laws can be complex, making it essential to secure the help of a lawyer who can help you understand how these laws may affect your claim.
PIP Requirements and Limitations
In New Jersey, all drivers must have at least $15,000 of PIP coverage. Drivers can also purchase more coverage—up to $250,000. While the minimum coverage has a lower premium, many drivers choose a more robust policy, as car accident damages often exceed $15,000. However, PIP has limitations that may impact your claim.
For instance, wage replacement for the minimum PIP cannot exceed $100 weekly. For higher policies, wage replacement can reach up to $5,200. Additionally, your damages may exceed the amount of PIP coverage you have. In these cases, we can help you seek compensation from the at-fault driver’s liability insurance, your own uninsured/underinsured motorist coverage, or other available sources.
Additionally, in some cases, your health insurance may be considered the primary payer for medical expenses, with PIP acting as secondary coverage. This depends on how your policy is structured and whether you elected health insurance as your primary medical coverage when purchasing your auto insurance.
When PIP Benefits Are Available
According to New Jersey Statute 39:6A-4, insurers must pay PIP to policyholders any time they or a member of their household is injured in an accident involving the use of a car, even if they were hit by a car as a pedestrian. Because this law is so broad and up to interpretation, if your insurance company denies you PIP coverage, we can help you determine if you qualify for these benefits and how to fight for an insurance payout.
What PIP Covers
Injuries from a car accident can take a physical, emotional, and financial toll on your life, all of which deserve compensation. However, PIP only covers economic damages, including medical bills, lost wages, funeral expenses, and essential services for tasks you can’t perform.
While this may be enough to compensate for minor injuries, major injuries often lead to long-term pain and lifestyle changes. To pursue non-economic damages, like pain and suffering, emotional distress, and reduced quality of life, seek guidance from the trusted lawyers at Mandelbaum Barrett PC. We can help you file a claim against the at-fault party and pursue maximum compensation for your losses.
Your PIP coverage can dictate when you can file a claim for non-economic damages against another driver after a car accident. If your car insurance policy has a limited right to sue, you may only file a claim for non-economic damages if you have one or more of the following injuries:
- Loss of limbs or dismemberment
- Significant disfigurement
- Loss of an unborn child
- Fractures or broken bones
- Permanent injury that will never heal
- Death
These same damages would also apply to family members hurt in the accident. If you have an unlimited right to sue, you can file a claim against the at-fault party, regardless of your specific injury. With the experienced lawyers at Mandelbaum Barrett PC, you can gain a clear understanding of your PIP coverage and maximize your benefits, allowing you to focus on a smooth recovery.
Property Damage
It’s important to note that PIP does not cover vehicle repairs or property damage. In New Jersey, you may seek compensation for car repairs through your own collision coverage (if you have it) or file a claim against the at-fault driver’s property damage liability insurance. However, because New Jersey does not require drivers to carry property damage coverage, your ability to recover these damages may vary.
