New Jersey is among the few states that have adopted no-fault insurance laws. This means that if you are injured in an accident, your insurer will cover medical costs and other crash-related expenses, regardless of who was to blame. When it comes to crashes involving pedestrians, they can be particularly dangerous because they are often disadvantaged in terms of physical protection. Therefore, with the guidance of the experienced accident lawyers at Harrell Injury Law, it is important to understand whether the no-fault rule in this state will cover a pedestrian accident.
Understanding the ‘No-Fault’ Rule
As a rule, the no-fault insurance system will cover medical expenses, lost wages, and other costs related to the accident for both parties involved. Consequently, every driver must have Personal Injury Protection (PIP) coverage as part of their auto insurance policy. This means that if a pedestrian is hit by a car in this state, the pedestrian’s policy (if they have one) or that of the car that hit them will cover their medical bills and other expenses up to the policy limit. However, this limit might easily be exhausted when the total medical bills and other damages exceed a certain amount. This is especially common because pedestrians are more vulnerable to serious and long-lasting injuries. Furthermore, since they often don’t need PIP coverage, they are likely to be underinsured.
Pursuing Additional Compensation
Like other no-fault states, victims in New Jersey can only pursue additional compensation beyond the PIP coverage. This means that the victim must meet a certain threshold limit before they can sue the other party. In this state, the minimum threshold for Personal Injury Protection coverage is $15,000 per person, in each accident. However, it’s important to note that many drivers choose to purchase higher levels of PIP coverage (up to a maximum of $250,000), as medical expenses and other costs associated with auto crashes can quickly add up. Furthermore, motorists in this state are required to have liability insurance, which can provide additional coverage to the victim. For the latter, however, it only covers damages and injuries inflicted on third parties by the at-fault driver.
Seeking Legal Assistance
Whereas the no-fault system offers some financial relief to victims of a car crash, it might not be enough to cover all damages and losses. Therefore, victims who find themselves in this situation should consider seeking legal help. Under New Jersey’s comparative fault law, an injured party will still be able to recover damages even if they partially contributed to the accident. However, the amount of compensation they can recover will be reduced by their percentage liability. Therefore, even if the passenger was partly to blame for the crash, they may still have a claim for damages. Thus, it is best to contact a personal injury lawyer who can help assess the accident and advise on the best course of action.
Conclusion
In New Jersey, the ‘no-fault insurance’ rule covers victims involved in accidents and provides them with a financial sum matching the individual policy limit. As such, pedestrians can expect restitution for medical bills, lost wages, property damage, and other costs. However, since the policy might not always be enough to cover all damages and losses, injured parties might need to seek legal counsel for help with pursuing additional compensation. It’s best to research if qualify for any claims.