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NJ Supreme Court Bars Injured Motorists from Receiving Benefits Over PIP Limits

In the state of New Jersey, car insurance policies offer a “no-fault” coverage. This is called Personal Injury Protection (PIP). This protection covers any immediate medical expenses and wages that are lost by people involved in automobile accidents. New Jersey offers a $15,000 insurance minimum and a $250,000 maximum in PIP benefits. On March 26, 2019, the New Jersey Supreme Court ruled that motorists who choose the $15,000 insurance minimum are not able to recover any medical expenses that exceed this amount.

This new ruling means that individuals involved in an automobile accident are not able to bring a claim for any medical bills they may have as a result of the incident that exceeds their coverage. This means that if an individual maintains the $15,000 PIP policy, they may be responsible for any expenses that surpass this amount, even if they are not at fault.

The Supreme Court’s ruling came after two automobile injury cases within the last decade. The first case was filed by an individual struck by another car while driving his father’s vehicle. They had no health insurance and claimed that creditors were pursuing him for unpaid medical bills that exceeded his father’s $15,000 PIP plan. The second case was filed by an individual who was rear-ended in an accident, accruing medical bills that also exceeded their $15,000 coverage.

Both these cases were denied by trial courts, causing the individuals to appeal the decision. Following this ruling, the Appellate Division reversed the decision. This was done on the grounds that receiving medical expenses that exceed an individual’s PIP limits, but not more than the PIP ceiling cost, is not barred by the statute regarding PIP coverage. This argument would allow for the admission of medical expenses between the insured’s policy limit and the $250,000 ceiling.

The vote was not unanimous for the ruling. Justices of the New Jersey Supreme Court were split on the decision. Justice Jaynee LaVecchia of the New Jersey Supreme Court noted that this interpretation of the Appellate Division would “transgress the overall legislative design of the No-Fault Law to reduce court congestion, lower the cost of automobile insurance, and most importantly, avoid fault-based suits in a no-fault system.” Justice Barry Albin was against the vote. In his dissenting opinion, Albin said the impact of the ruling would be “devastating” and “catastrophic” for low-income victims of automobile accidents who are unable to afford higher insurance coverage.

Overall, the final vote in the New Jersey Supreme Court was a 3-2 decision in favor of the ruling.

Our firm understands how serious criminal and personal injury cases are. We are prepared to guide you towards a favorable outcome. If you are in need of experienced legal counsel in New Jersey, please contact The Law Office of Andrew S. Maze today for any criminal and personal injury matters.

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FAQ

If you’ve been in a car accident, seek medical help first, then contact an Auto Accident Attorney in Edison Township. The Law Office of Andrew S. Maze can help document evidence, communicate with insurers, and pursue compensation for injuries and damages.

An Injury Lawyer in Middlesex County, NJ helps you file claims, negotiate settlements, and represent your case in court. The firm ensures your rights are protected and you receive fair compensation for medical bills, lost wages, and pain and suffering.

We handle personal injury, auto accidents, truck accidents, DUI/DWI defense, slip and fall, and workplace injury cases throughout Middlesex County and Edison Township, NJ.

In New Jersey, DUI (driving under the influence) and DWI (driving while intoxicated) are treated similarly. A DUI Defense Attorney in Middlesex County, NJ builds your defense, challenges test results, and seeks reduced penalties or dismissal when possible.

Most Car Wreck Attorneys in Middlesex County, NJ, including Andrew Maze, work on a contingency basis, you pay no upfront fees. The firm only collects a fee if they win or settle your case successfully.

Settlement times vary based on the case’s complexity and insurance negotiations. Most auto accident injury cases in Edison Township settle within a few months, though serious claims may take longer if litigation is needed.

Bring accident reports, medical records, photographs, witness contact details, and any insurance correspondence. This helps your Accident Lawyer in Middlesex County, NJ assess your case quickly and accurately.

Yes, under New Jersey’s comparative negligence rule, you can recover damages if you were less than 50% at fault. A skilled Car Accident Lawyer in Edison Township can help determine liability and maximize your compensation.

Not always. Many personal injury claims handled by our Auto Accident Lawyers in Edison Township are settled out of court through negotiations. Court proceedings occur only if a fair settlement cannot be reached.

Simply call or submit a free consultation request online. Our Injury Lawyers will review your case, explain your options, and guide you through the legal process step by step.