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Understanding who is responsible for medical expenses after a crash can be confusing, especially in a no-fault state like New Jersey. In this article, we’ll break down…
In New York and New Jersey, that is very much not the case. The at-fault driver usually has nothing to do with paying your bills, because both states are no-fault states. What that means is, essentially, regardless of fault in an accident, your own insurance company will pay for your medical bills.
There are some limited exceptions. For example, in New York, if you’re a pedestrian, the car that hits you may pay for your medical expenses since you presumably don’t have your own auto insurance. But even if you do, theirs may be primary.
But generally speaking, no, the liable party is not paying for your medical bills.
New Jersey is a no-fault state, and PIP coverage applies in the sense that your insurance company will pay for your medical expenses. New Jersey actually goes a step further than New York. Even if you are injured as a passenger in someone else’s car (for example, a friend’s vehicle), you would first look to your own household coverage.
So, if you own a car and have a policy with PIP, that policy will cover your medical expenses. PIP generally covers:
In situations like this, your attorney will work directly with your medical providers. Generally, once the case is resolved, there will presumably be a settlement, and from that settlement, those extended medical expenses will be paid.
In many cases, this can actually help increase the value of the case. It allows us to demonstrate that there are real out-of-pocket expenses that were not covered by PIP because those benefits were exhausted. That can ultimately raise the overall settlement value.
In New Jersey, both scenarios work similarly: If you are a passenger in someone else’s car, your primary coverage is still your household policy. So, if you own a car with auto insurance, that policy will pay for your medical expenses, regardless of fault.
Even if you don’t own a car, you may still be covered under a resident relative’s policy. For example, if you’re a young person living with parents who have auto insurance, their policy can cover your medical expenses. This often surprises people, since that policy may seem unrelated to the accident.
Similarly, if you are a pedestrian, you can also look to your household coverage first. That’s simply how New Jersey PIP works. If no coverage is available, there are fallback options:
But in either case, it’s best to speak with an attorney to understand your options.
We deal with extensive medical bills regularly, and one of the main ways we help is by working directly with medical providers. Because of our ongoing relationships with providers, and often treating many of the same clients, we can ask them to continue treatment even if:
Once the case is settled, we then negotiate those medical bills. There’s a general custom in these cases where:
That said, in our firm, we charge 25%, which often allows our clients to recover more from their settlement.
For more information on who pays medical bills after a car accident in New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (848) 201-3667 today.