No-Fault Insurance in Truck Accidents

New Jersey and New York are unique. They are among the few states that use a system called “no-fault insurance.” This means that when you are injured in most types of vehicle accidents in these states, your own insurance company covers most or all of the medical costs. This applies even in cases of truck accidents as long as you are in a car or are a pedestrian at the time of the accident.

Truck drivers usually are not covered by no-fault insurance.

While no-fault insurance allows you to recover medical expenses from your own insurer, it often limits lawsuits in the case of a car accident. Fortunately, these limits do not apply in truck accident cases. Exceptions for commercial vehicles mean that if you are injured by a truck, you will be able to sue for any injury. You may also be able to recover damage awards to compensate you for your pain and suffering.

The laws of no-fault insurance can be extremely complicated. There are cases when you can recover from another driver or from a trucking company.

Will No-Fault Insurance Cover Your Medical Bills?

There are many factors that determine whether no-fault insurance covers your medical bills.

A lawyer from our firm will need to figure out many facts such as:

• Who owns the car you were in?
• What state did the accident occur in?
• What states are the drivers and cars from?
• Is the vehicle that hit you considered commercial?
• Were you a pedestrian?
• Do you own a car?
• Do you have insurance? If so, what are the specific terms of your policy?
• Does someone in your family have insurance?
• What are the costs of your medical treatment?
• Are you considered an employee and thus eligible for workers’ compensation coverage?

As you can see, an insurance scheme this complex is best navigated by someone with experience.

Is There No-fault Insurance for Victims of Truck Accidents in New Jersey?

Yes, no-fault insurance applies to victims of truck accidents in New Jersey. However, due to the catastrophic nature of truck accidents, victims can claim additional damages in by suing the driver. However, individuals must first avail their own insurance coverage before filing a case. Here’s how the process might look like:

1. No-Fault PIP Claim: Immediately following the accident, the injured individual will file a claim with their own auto insurance company under their PIP coverage. This will provide for the prompt payment of medical treatment, lost wages, and other essential services.
2. Third-Party Tort Claim: Concurrently, the victim has the right to file a third-party liability claim and, if necessary, a lawsuit against the at-fault truck driver and their employer. This allows the victim to seek compensation for damages not covered by PIP, including:
   • Pain and suffering
   • Emotional distress
   • Permanent disability or disfigurement
   • Future medical expenses and lost wages that exceed PIP limits
   • Loss of enjoyment of life

Given the complexity of truck accident litigation, which often involves multiple defendants and intricate federal and state regulations governing the trucking industry, victims are strongly encouraged to seek legal counsel from attorneys experienced in this specific area of law.

Our Lawyers Handle No-Fault Insurance Accident Cases

The lawyers at Davis, Saperstein & Salomon, P.C., know how to deal with insurance companies to seek the greatest possible recovery allowed by the law. We serve clients in New York and New Jersey. Call us now at 1-800-LAW-2000 or use our online form to schedule a free initial consultation.