Articles

You've Just Been In an Auto Accident... What Now????

By: Attorney Jed S. Kadish
Assume that you are involved in a motor vehicle accident in which you sustain serious personal injuries. These injuries result in multiple surgeries. You are hospitalized for 2 ½ weeks and then go to a rehabilitation center for 3 weeks.

Q. Who should be one of your first telephone calls regarding this accident?

A. You should contact your motor vehicle insurance company.

Q. Who will pay for the medical bills related to your medical treatment from this Accident?

A. Assuming that you have selected your automobile insurance as primary then your automobile insurance is responsible for paying these medical bills.

Q. In order for your motor vehicle insurance company to pay your medical bills what must you do?

A. You must fill out the Application for Personal Injury Protection Benefits from your car insurance.

Q. What is the provision within your motor vehicle insurance that pays your motor vehicle accident related medical bills?

A. Personal Injury Protection Benefits also known as PIP Benefits.

Q. Will your insurance pay all of your medical bills arising from this accident?

A. Your insurance will pay up to $250,000.00 for all of the reasonable and necessary medical bills arising from the motor vehicle accident.

Q. What is the standard coverage for Personal Injury Protection?

A. $250,000.00

Q. Can you increase coverage for Personal Injury Protection Benefits?

A. You can purchase additional coverage up to $1,000,000.00 in PIP Benefits.

Q. Assume that your medical bills exceed $300,000.00 – How will you pay the additional $50,000.00 in accumulated medical bills.

A. If you have health insurance, then this should cover those bills. Otherwise it would become part of your personal injury claim.

Any lawsuit for personal injuries can include claims for compensation for pain and suffering, permanency of your injuries and any economic loss related to your motor vehicle accident.

Q. If you are successful in your claim against the driver of the vehicle who caused your injuries where does the money come from to compensate you for your injuries?

A. Compensation for your automobile accident related injuries would be paid by liability portion of the defendant’s insurance company.

Assume that your case is worth $300,000.00. The defendant’s policy has $250000 in liability coverage.

Q. How much would you get from this defendant?

A. $250,000.00

Q. Is it possible for you to collect the full $300,000.00 value of your case?

Q. Assuming that there are no other defendants who may have some liability for your accident, then you may proceed against the underinsured motorist portion of your own automobile insurance policy. However, in order to proceed against your own automobile policy your coverage must exceed the coverage of the defendant’s insurance company.

Assume that the defendant who caused your injuries is uninsured.

Q. Is there coverage available that will compensate you for your injuries?

A. Every automobile insurance policy issued in New Jersey has uninsured motorist coverage that will compensate you for your accident related injuries.

Q. As a result of your motor vehicle accident, you will be out of work for a minimum of 4 months. What can you do to replace your income while you will be out?

A. Assuming that you contribute to state disability you can obtain temporary disability benefits from the State of New Jersey.

Q. What happens if you have exhausted State Temporary Disability Benefits; where else could you obtain additional income continuation?

A. As part of your Personal Injury Protection Benefits (PIP) you can purchase up to 70% of income up to a maximum of $70,000.00 per year.

 

Learn more about Car Accidents & Personal Injury 

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