Car Accidents: No-Fault Medical Benefits

Attorney Eric Kahn

When a client calls about a new motor vehicle case, there’s generally two things that we ask them to bring when they come to meet with the lawyer.  The police report, number one, if they have it, and more importantly, a copy of their own insurance policy.  And that’s important for two reasons.  First, New Jersey’s a no-fault state, and what that means is that when you’re involved in a motor vehicle accident, your own insurance company pays your medical bills.  It doesn’t matter whose car you’re in or who’s at fault for the accident.  And that’s something clients don’t always understand.

Your own insurance company pays your medical bills.  So, I need a copy of the insurance policy so that we can set up that claim with the insurance company.  Number two, when people purchase motor vehicle insurance in New Jersey, they have an option, and they select something either called the no limitation or the limitation on lawsuit threshold.  And when I say it’s an option, most people when they purchase automobile insurance, don’t realize what they’re doing, but most people select the limitation on lawsuit threshold, and that’s something we, as a lawyer, need to know when you come into the office the first time because the limitation lawsuit threshold limits peoples’ right to recover money in an accident. 

Even if they are not at fault, even if they were injured in the accident, there are certain limitations depending upon the type and extent of injury a person has.  So, it’s important, when you come to our office for the first time, for a new motor vehicle case to bring a copy of your own insurance policy.  And that is something that the lawyer can sit down with and explain to you what your rights are according to what you’ve selected on your policy.

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