Know Your Rights Under The No-Fault Clause

One of the first questions you are likely to ask after you have been injured in an auto accident is "Who will pay for my medical bills?" In light of the high cost of health care, it is a legitimate concern. But if you are an insured car owner, you have a claim for your medical expenses under your own policy's New Jersey no-fault coverage.

At Smith & Gaynor, LLC, in Morristown, our personal injury lawyers help clients recover damages by helping them take advantage of every avenue of compensation – including what is covered by their own policy. With New Jersey no-fault insurance, your medical bills are paid by your own insurance company, regardless of who is at fault, through the personal injury protection (PIP) coverage in your auto insurance policy.

Personal Injury Protection And No-Fault Coverage – How it Works

The New Jersey legislature enacted no-fault to help ensure that those injured in car accidents would receive fast payment for certain benefits, including medical expenses. Your no-fault insurance is generally known as your PIP coverage. By law, your insurance company must offer you up to $250,000 of coverage per accident, although you may opt for a different amount.

If you are in an accident, whether as the driver, passenger or pedestrian, your medical bills will be covered by your auto insurance. It is important that you tell the hospital or treating physician that your injuries are related to a car accident so they will know to submit your bills through PIP, which pays them directly. These expenses must be reasonable and medically necessary.

In addition to medical expenses, PIP will generally cover lost wages and essential services. In the case of wrongful death, PIP pays death benefits and funeral costs. If you have been injured in a car accident and have questions about your insurance coverage, the attorneys at Smith & Gaynor, LLC, can answer your questions during a free consultation.

PIP Coverage Has Limits And Restrictions

Under a basic policy, you have PIP protection, but your per-accident limit is $15,000 — far lower than a standard policy's limit, which can be as much as $250,000. If you qualify for Medicaid, chances are you have a special policy. In that case, your PIP is for emergency care only and does not cover continued medical care or treatment, except in cases of catastrophic injury.

For more information about choosing the best insurance policy for you, check out our "Do I Have the Right Coverage?" page.

Injuries suffered on motorcycles are generally not covered under PIP.

If you own a car but have no insurance, you are not covered by PIP — even if you were a passenger in someone else's car or were injured as a pedestrian.

If you were injured while driving on the job, workers' compensation, rather than PIP, will generally cover your expenses.

Contact Our Office To Learn More

At Smith & Gaynor, LLC, we help people understand their PIP insurance and help them get maximum compensation for their car accident injuries. We know how to fight for your future while at the same time always maintaining an open line of communication. The lawyer you hire is the lawyer you get, every step of the way.

To schedule a free consultation with one of our lawyers, contact us online or call us through our Morristown, New Jersey, offices at 973-532-2661. Evening or weekend appointments can be arranged, and if you are unable to come to our offices, we are happy to meet you in your home or place of care. All auto accident injury cases are taken on contingency.

Se habla español.