One of the first questions asked by car accident plaintiffs is how much their personal injury settlement is worth. The truth is that there are no clear-cut answers because there are multiple factors that must be taken into consideration. However, having the right information on hand will greatly increase the likelihood of obtaining the best possible settlement.
New Jersey requires every driver to carry car insurance, as this allows accident victims to receive compensation. The state is also “no fault” which means that drivers must carry insurance capable of covering their own damage irrespective of who caused the collision. This can be found in statute 39:6A-4 which mandates every auto insurance policy to offer coverage for PIP (Personal Injury Protection), which is also named Medical Expense Benefits.
What Is Covered and Not Covered
PIP must provide coverage for the driver as well as his or her dependents when they are in the vehicle, but might also cover them outside if they are pedestrians who are struck by a vehicle. Personal Injury Protection will only cover “economic damages” which refers to the healthcare bills and lost wages which resulted from the accident. However, PIP will not cover things such as suffering, pain, or reduced quality of life.
Personal Injury Protection usually has policy limits. Currently, this limit is about $15,000. The insurance company does not have to pay anything above it, which means that any medical bills that exceed this limit won’t be covered. This can be problematic for accident victims since even a broken limb or gash that requires numerous stitches can quickly exceed $15,000, not to mention injuries with greater severity.
When Should You Pursue Settlement?
If you find yourself in a situation where your insurance company refuses to provide PIP benefits, you can hire an attorney who can file suit to get them to compensate you for your losses, which includes both lost income and medical bills.
Personal injury lawyers can also aid you in situations where the medical bills from your car accident surpass the $15,000 PIP limit. Depending on the circumstances, you and your attorney can attempt to recover other damages such as mental anguish, suffering, and pain, especially if the accident led to a permanent injury. Examples of permanent injury in the State of New Jersey include:
- Severe scarring or disfigurement
- Limb loss (decapitation)
- Death
- The loss of an unborn child
- Body part damage which is unlikely to heal
- Bone fractures which are displaced
While all of these injuries are clearly permanent, other forms of damage may or may not be considered permanent by the court. A personal injury attorney will advise you of which injuries are viable and when you should make a claim. You should always pursue a case when you feel the insurance company has not adequately covered you and the accident was caused by the negligence of someone else.