RAM Law

Car/Truck Accidents

Car accidents might seem like a simple and straightforward case to pursue. However, questions often arise for the client. For example, who pays the medical bills? Are there limitations on the ability to pursue a claim? What if an insurance company contacts me? You can find answers to many of these questions at the NJ Department of Banking and Insurance.

Contact from Insurance Companies
Once an accident is reported, you will undoubtedly receive phone calls and letters from the involved insurance companies. Your own insurance company may ask for a written or recorded statement. This is usually done to get the facts of the accident and confirm coverage. Your policy requires you to cooperate with your own insurance company and provide them with information they request. However, you are not required to provide information to the insurance company that insures any other automobiles involved in the accident. These insurance companies oftentimes try to contact you to obtain information before you retain and have the benefit of an attorney. If you receive correspondence or phone calls from other insurance companies, you should contact an attorney before providing any information.

Medical Bills
New Jersey is a no fault state. This means that your own automobile insurance policy will provide Personal Injury Protection (PIP) coverage for your medical expenses. Once you report an accident to your insurance company, an adjuster will contact you and provide a PIP application to begin the process of paying your medical bills. You should give the claim information to your doctors who will typically deal directly with your insurance company. From time to time, your insurance company might request an independent doctor to examine you and evaluate your need for additional treatment. If your insurance company sends you a letter advising that you no longer require treatment, it is not a final decision. Your doctor can appeal this decision and if still denied, an attorney can pursue continued medical coverage on your behalf.

Uninsured Motorist Benefits (UM)
If you are injured as a result of a hit and run vehicle or even a vehicle that causes an accident without even making contact with your automobile, you may still have a right to compensation. Even though you cannot identify the driver of the vehicle that caused your accident, your own insurance policy might provide UM benefits for your injuries. Your insurance coverage summary pages will indicate if and how much coverage you have for uninsured motorist benefits. Your own policy will provide benefits up to the coverage listed on your coverage summary. However, there are requirements such as taking reasonable steps to identify the driver of the other automobile. Your attorney can ensure that your meet all of the requirements.

Verbal Threshold
In New Jersey, every driver is required to select a tort threshold. If you selected the verbal threshold, which may also be identified on your coverage summary as “limitation on lawsuit” or “limited tort,” you have limited your ability to receive compensation for your injuries. In order to receive compensation, your injuries must fall into one of the following categories:
1. Death;
2. Dismemberment;
3. Significant disfigurement or significant scarring;
4. Loss of a fetus;
5. Displaced fractures; or
6. A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. An injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment.

Injuries that typically meet the threshold include herniated discs, traumatic brain injuries, bone fractures and dental injuries. If your injury does not fall into one of these categories, your claim is limited to economic damages, such as lost wages. However, claims for pain and suffering are barred. There are exceptions to this rule that an attorney can evaluate. If you select the no threshold option, there are no hurdles to your claims. The majority of clients select the threshold since it makes the insurance policy much cheaper.

If you or a loved one has suffered inuries in a car or truck accident, contact RAM Law for a free consultation to discuss your right to compensation.

• Car Accidents
• Truck, Tractor Trailer and Commercial Vehicle Accidents
• Drunk Driving Accidents
• Accidents from Construction Sites or Defective Road Conditions
• Rear End Collisions
• Bus Accidents
• Collisions with Municipal Vehicles
• Hit and Run Accidents