Answered by a Marlton, NJ car accident injury lawyer.
In New Jersey, if you were hit by a car while walking, your medical bills are paid by your own car insurance company. New Jersey is a no fault state; in other words, your car insurance company pays for your medical expenses from the car accident regardless of who caused the accident. Therefore, even though you were not at fault and were an innocent victim, your car insurance company pays for your medical bills pursuant to your medical benefits coverage, known as PIP coverage.
If you have standard PIP coverage, your car insurance company provides $250,000 of medical expense benefits, which is the default option. If you opted for a reduced coverage limit of $15,000, $50,000 or $75,000, then your car insurance company would provide medical benefits up to the limit you purchased.
If you do not own a car, and thus, do not have your own car insurance policy, then an applicable car insurance policy would pay for your medical expenses. For instance, if you live with your parents and they have a car insurance policy, then you would be covered under your parents’ car insurance policy.
If you do not live with your parents or are not covered under any other applicable car insurance policies, only then would the insurance company of the driver who hit you be involved. In that situation, the driver’s car insurance policy would pay for your medical expenses.
However, pursuant to New Jersey car accident law, your PIP benefit will only cover treatments and services that are reasonable and necessary.
There may be other situations where applicable car insurance policies do not apply. If you were working at the time when you got hit by the truck, then your employer’s workers’ compensation carrier would pay for your medical expenses. Therefore, even if you have your own car insurance policy, the first level of coverage would come from workers’ comp. The reason is you were hit by a truck while you were within the scope of employment. For example, if you were called to leave your office to meet a client for a business lunch meeting and you got hit while crossing the street on your way to the meeting, then workers’ compensation would pay for your medical expenses.
NJ car accident law has many nuances and can be very confusing. Feel free to call me and we can discuss your pedestrian-truck accident. I always offer a FREE consultation. 800-281-8695