People injured in a motor vehicle accident as passengers have to endure pain and suffering through no fault of their own. You might think that if you’ve been injured as a passenger in car accident in New Jersey the at-fault driver would be responsible for paying your medical bills, but you’d be wrong.
New Jersey is a no-fault state for car accidents, which means each person involved – whether an at-fault driver, not-at-fault driver or passenger – is covered by his or her own car insurance’s Personal Injury Protection.
Here’s how PIP coverage works in New Jersey.
What is PIP coverage in New Jersey?
Just about every person who owns or drives a car in New Jersey is required to have auto insurance that carries PIP coverage. The PIP coverage kicks in any time you’ve been injured in a car accident, whether you were a driver or passenger and regardless of who was at fault.
How Does PIP Coverage Work in New Jersey?
If you’ve been injured in a car accident in New Jersey as a passenger, your own auto insurance’s PIP coverage will cover your claim. Your PIP coverage will be responsible for paying the medical bills you incur as a result of the car accident.
If you do not have auto insurance but you live with a family member who does, then your medical bills will be paid through your family member’s PIP coverage. In the event you don’t have auto insurance and don’t live with a family member who does, your medical bills will be paid for by the PIP coverage of the driver of the car you were in.
How Do I Get Compensated for Pain and Suffering?
In New Jersey, the answer is you almost always don’t. You cannot sue for pain and suffering or economic damages you incurred as a result of being injured in a car accident, with few exceptions. The first is if you selected the unlimited right to sue option when you purchased your auto insurance. Most people don’t do this, though, because it is much more expensive.
The only other way you can sue for damages in New Jersey if you don’t have the unlimited right to sue is if you suffered a permanent injury, the accident caused a death or loss of fetus, or you suffered a displaced fracture, significant scarring, loss of a body part or significant disfigurement.
Hire a Lawyer Who Can Guide You Through the Process
Getting your medical bills paid for after you were injured as a passenger in a car accident in New Jersey is a complicated process. Having an experienced attorney help guide you is essential in making sure you are covered properly. Contact the attorneys at the Rosner Law Offices at (856) 422-2284.