Information About Auto Accidents
FAX (609) 487-2126
The following brief article to New Jersey auto accident and insurance law is intended merely as an introduction and should not replace the advice and recommendations of an attorney as to any one particular automobile accident matter. The law office of J. David Alcantara has been handling auto accident cases, involving juries, for nearly a decade.
Every vehicle in the State of New Jersey is required to have automobile insurance coverage. The Compulsory Motor Vehicle Liability Insurance law, N.J.S.A. 39:6B-1, states, in essence, that:
"Every owner or registered owner of a motor vehicle registed
principally garaged in this State shall maintain motor vehicle
liability insurance coverage, under provisions approved by the
Commissioner of Insurance, insuring against loss resulting
from liability imposed by law for bodily injury, death and
property damage sustained by any person arising out of
ownership, maintenance, operation or use of a motor vehicle
wherein such coverage shall be at least in: a. an amount or
limit of $15,000.00, exclusive of interest and costs, on
account of injury to, or death of, one person, in any one
accident; and b. an amount or limit, subject to such limit
for any one person person so injured or killed, of $30,000.00
exclusive of interest and costs, on account of injury to or
death of, more than one person, in any one accident; and c.
an amount or limit of $5,000.00, exclusive of interest and
cost, for damage to property in any one accident."
"No Fault" is the keyword to New Jersey automobile accident and
insurance law. No fault generally means that a person injured in a vehicular
accident will be reimbursed for his/her personal injuries regardless of who
is at fault for causing the accident or who is responsible. The majority of
American states have adopted one version or another of the no fault insurance
law. No fault was intended to better regulate and manage the prior laws
wherein one had to prove fault.
No fault should not be confused with personal injury coverage with reference to permanent or serious damages. In other words and in simple terms, every auto in the State of New Jersey is required to maintain two basic types of insurance coverage: 1) personal injury protection (called PIP coerage) to cover reasonable medical treatment costs and expenses intended to rehabilitate the injured person to as best a condition as possible under the circumstance and 2) coverage for permanent injuries as diagnosed and verified by a credible treatment facility.
More particularly, PIP coverage is described as, under N.J.S.A. 39:6A-4, as essentially coverage which: 1. Every auto liability insurance policy must possess, 2. to pay benefits, 3. without regard to negligence, liability or fault of any type, 4. while the injured person was occupying, entering into, alighting from or using a vehicle, 5. the coverage extends to a pedestrian injured by an automobile.
Thus, the one portion of the insurance coverage pays for the medical treatment bills, the hospital, surgery and prescriptions caused by the accident in question. The second portion of the insurance coverage is coverage related to permanent or serious injuries caused by the other driver or the person/entity responsible for causing the accident.
Hence, there is still a need to "prove" the fault of the other driver in circumstances where their negligence has caused the accident and injuries related to the same accident for purposes of obtaining an award or settlement. The average person does not recognize the complexity of auto insurance legisation and often must immediately consult an attorney immediately after an accident tu fully understand the ramifications regarding coverage.
Who pays the injured person for permanent damages suffered?
Provided that the injured person is not at fault, not liable, for causing the accident, then the other party's insurance policy would be responsible. The law requires that the damages be sufficiently serious to pass the verbal threshold legislation. The more serious the injuries, the larger the award or settlement.
What is "Verbal Threshold"?
Unless otherwise requested, every auto insurance policy provided to a consumer in the State of New Jersey is automatically one with the verbal threshold clause. The consumer must be wary and exercise his/her option to request the zero threshold protection.
"Verbal Threshold" signifies that for a slightly reduced premium, the automobile owner still obtains personal injury coverage but is excluded from receiving damages for certain injuries. N.J.S.A. 39:6B-1 essentiall states that:
"Every owner, registrant, operator or occupant of an automobile
....is hereby exempted from tort liability for noneconomic
loss to a person who is subject to this subsection and who
is either a person whi is required to maintain the coverage
mandated by this act, or is a person who has a right to
receive benefits under section .....39:6A-4....as a result
of bodily injury, arising out of the ownership, operation,
maintenance or use of such automobile in this STate, unless
that person has sustained a personal injury which results
in death; dismemberment; significant disfigurement; a
fracture; loss of a fetus; permanent loss of use of a body
organ, member, function or system; permanent consequential
limitation of use of a organ or member; significant limitation
of use of a body function or system; or a medically
determined injury or impairment of a non-permanent nature
which prevents the injured person from performing
substantially all of the material acts which constitute
that person's usual and customary daily activities for not
less than 90 days during the 180 days immediately
following the occurrence of the injury or impairment."
Immediately following an accident, the injured person should immediately
seek an attorney and gather data regarding who and what was involved in the
automobile accident including, but not limited, to photographs, witnesses,
the semaphores at the intersection, descriptions of skid marks, angle of
collision, damage to vehicles, medical reports, police reports, etc.
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