When you have been hurt in a motor vehicle accident, one of the first things you need to consider is how your medical bills will be paid. In New Jersey, there are a couple ways this can be handled, based on the type of automobile insurance policy you purchase.
New Jersey offers a no-fault motor vehicle insurance option. Under this approach, when you have suffered an injury in motor vehicle accident, you turn to your own insurance provider to recover for all your losses. Your insurer may then seek reimbursement from the at-fault party’s insurer through a legal process known as subrogation. But your insurer will reimburse you for all medical and other losses related to the accident.
In New Jersey, though, unlike many other states that have no-fault laws, you have the choice—you can opt for no-fault coverage or you can purchase a “traditional” policy of automobile insurance. With 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 the Law Offices of Mallon & Tranger
To learn how we can help you if you have been injured, contact us online or call us at 732-410-6094 (toll free at 877-320-0692). There is no charge for your first meeting. We have offices in Freehold, Toms River and Point Pleasant.