One of the biggest expenses you face after a car accident are medical bills. From hospital stays to surgeries to X-rays, casts, and rehab, these bills can easily go into the hundreds of thousands of dollars. Getting these costs covered is a vital part of your case.
In New Jersey, our “choice no-fault” car insurance rules mean our own policies cover our accidents first. We may also have other insurance coverages on our policy to cover additional expenses if that runs out. You can only sue in limited circumstances, but our lawyers can definitely help you file a lawsuit when possible.
For a free review of your damages and opportunities for coverage, call Agrapidis & Maroules, P.C.’s New Jersey car accident attorneys at (201) 777-1111.
Whose Insurance Covers Medical Bills First?
New Jersey’s “choice no-fault” car insurance system means that every driver is required to carry PIP insurance (personal injury protection). This covers their own injuries after a crash, regardless of who caused the accident.
This coverage goes first, protecting you by paying your medical bills, a portion of lost wages, and some other expenses up front, even if someone else caused your crash. You can turn to this insurance and even accept a payout without it functioning as a “settlement” or blocking your other rights to compensation.
However, it is still important to check with a Union City, NJ car accident lawyer. For one, you need to make sure that the money coming in is enough, and if PIP is underpaying your claim, we need to potentially even take them to court. Additionally, you need to make sure you are getting PIP coverage and not accepting an insurance payout from the defendant’s policy without realizing it.
Is My Insurance Enough?
New Jersey’s no-fault policies come in a few different types:
- “Basic” policies with the bare minimum coverage
- “Standard” policies with additional coverage
- “Unlimited right to sue” policies with coverage similar to the “standard” policies, plus a protected right to file a lawsuit after a crash.
All of these policies meet the state minimum requirement for PIP coverage:
- $15,000 per person coverage
- Up to $250,000 for brain/spinal cord injuries or other treatment for permanent/significant injuries.
If your injury is mild, this is likely enough. If your injury is very severe, $250,000 might be enough. The problem arises with moderate to severe injuries, where $15,000 of coverage might be too low, but you don’t qualify for the $250,000 of coverage.
Other Coverages that Can Pay if You Run Out of PIP Coverage
If you need additional coverage for your injuries, you can prepare in advance by adding them to your policies. Some of these are unavailable on a “basic” policy, but people with “standard” policies – whether they include a right to sue or not – can add on these helpful policies:
MedPay Coverage
MedPay covers the costs of additional medical payments beyond what PIP covers.
Collision Coverage
Collision coverage helps cover vehicle repair costs after a crash.
Uninsured/Underinsured Motorist Coverage (UM/UIM)
If the other driver has no insurance or you are able to file against them and their insurance is too low to pay for your needs, your UM/UIM coverage can help cover you.
Comprehensive
Comprehensive coverage covers non-collision vehicle damage. It usually doesn’t help in a crash, but it can cover any vehicle damage that might not be attributable to the accident.
Does the Other Driver Pay Anything?
In many cases, you can hold the other driver at fault for your accident and have them pay for your damages instead. If you paid deductibles, this can often reimburse you for those expenses. Anything else your insurance your insurance already paid you can usually be recouped by your insurance, but you importantly get to keep any additional payments for things like pain and suffering.
There are two ways you can file against the other driver after a car accident in NJ:
Unlimited Right to Sue Policies
The “choice” in NJ’s choice no-fault system is between a cheaper policy with no right to sue and a more expensive policy with an unlimited right to sue. If you have this unlimited right to sue policy, you can sue for any car accident.
Serious Injuries
If you have a limited right to sue policy (standard or basic), then you can only sue the other driver if you have “serious injuries.” The definition in NJ includes many permanent injuries like amputation, serious scarring, or a lost fetus, but it also includes compound fractures.
Often, you need a doctor to certify that your injury is sufficiently severe before you can sue. Loved ones can also sue for a family member’s death.
FAQs for Getting Medical Bills Paid in an NJ Car Crash
How Do Deductibles Work?
A deductible is the amount you pay first before your insurance kicks in. For example, if you have a $500 deductible on your PIP policy, you pay $500 and your insurance pays for the rest (up to policy limits).
Most first-party benefits from your own insurance policy have a deductible, but you can recoup that expense if you sue.
Can You Sue or Can You Only Use Insurance for an Injury in NJ?
Lawsuits are available in NJ car accidents if you have a serious injury or a policy with an unlimited right to sue. Those policies typically have a higher monthly premium than policies with no right to sue, but all policies must have no-fault PIP coverage.
Do I Have to Use My Health Insurance?
Often, you will not use your health insurance at all to cover injuries from a car accident. Instead, you bill the car insurance company. This is why it is important to get treatment at a hospital; other care providers might not be set up to bill car insurance and might refuse to treat you.
How Much Does My Insurance Cover?
Your insurance covers up to your policy limit. State minimum coverage is $15,000 per person, but that includes medical care and some lost wage costs. You can often opt for a higher policy limit to make sure your insurance covers more.
How Do I Know What Insurance Coverages I Have?
Usually, your insurance card/proof of insurance does not list your coverages on it like health insurance cards do. Instead, you can usually find this information on the website for your insurance company or in your original policy documents that they sent you when you signed up.
If you can’t find what your insurance covers, we can help you look it up and make the proper claims.
Call Our New Jersey Car Accident Lawyers for Help Today
For a free review of your car accident case with Agrapidis & Maroules, P.C.’s NJ Bayonne, NJ car accident attorneys, call (201) 777-1111 right away.