If you were involved in a car accident in New Jersey, one of the most important considerations is how you can be compensated for your losses, both economic and non-economic. Even after receiving compensation through PIP insurance, you may want to consider filing a personal injury lawsuit against the liable party for additional damages. For more information and to obtain skilled representation during your case, reach out to an experienced Bergen County car accident lawyer at Feitlin, Youngman, Karas & Gerson, LLC.
What is PIP Insurance?
PIP insurance is a no-fault coverage required for drivers in no-fault accident states. New Jersey is a no-fault state, meaning that after an auto accident, drivers must first turn to their own insurance provider for compensation for medical and other economic losses.
PIP covers financial expenses associated with an injury like hospital stays, surgery, medication, and rehabilitation, but it also can be used for associated costs like a loss of income, transportation to appointments, changes made to the home to accommodate the injury, etc.
Does PIP Prevent Me From Filing a Personal Injury Lawsuit?
No, PIP insurance does not prevent you from filing a personal injury lawsuit against the negligent driver. If you were to file a claim against the liable party’s insurance, then accepting a settlement would essentially waive your right to pursue further legal action, including personal injury lawsuits. However, because PIP is your own insurance, accepting a claim does not negate your right to seek additional compensation.
Why Would I File a Personal Injury Lawsuit?
If you are a New Jersey driver and were involved in an auto accident, you may wonder why you would even want or need to file a personal injury lawsuit if you already have Personal Injury Protection insurance. However, it is important for you to keep in mind the limitations of PIP.
The minimum amount of PIP insurance individuals have to carry in NJ is $15,000 per person per accident. While you can choose to purchase higher limits, depending on the severity of the accident and your injury, your expenses may exceed the coverage you have.
In addition, PIP only covers certain costs. Not all expenses associated with the accident will be eligible for compensation through PIP insurance. If you have expenses related to damage to personal property or costs to repair vehicle damage, you will need to file a lawsuit against the liable party. Through a lawsuit, you can also be compensated for physical pain, suffering, emotional distress, loss of enjoyment of life, disfigurement, and more.
While PIP and personal injury lawsuits can both yield beneficial damages after an accident, the combination of the two may be necessary to ensure you are fairly compensated for your losses. Speak with a skilled attorney for more information today.
