Apr 102014
 

Answered by a Cherry Hill, NJ Car Accident Injury Lawyer.

Motor vehicle accidents happen quite often in New Jersey, including cities like Camden, Marlton and Cherry Hill.  One type of accident is a pedestrian-motor vehicle accident where the pedestrian is hit by a car, bus or truck.

According to New Jersey State Police, 131 pedestrians died after a pedestrian car, bus or truck accident in 2013.  In addition, many pedestrians who survive the motor vehicle accident in NJ are seriously injured.  Serious injuries require extensive medical treatments.

Who pays for an injured pedestrian’s medical bills in New Jersey?  The answer depends on whether the pedestrian has his/her own car insurance or an applicable car insurance policy.

Also see: Injured in a NJ Car Accident? – The Basics of Medical Benefit (PIP) Claims

Pedestrian Has an Auto Insurance Policy

If injured pedestrians have their own car insurance policies, their medical expenses are covered by their own car insurance policies’ medical coverage.  This is often called PIP coverage.  New Jersey is a no-fault state; regardless of who caused the car accident, the injured passenger/driver’s own car insurance will pay for the medical benefits.  Though an injured policy holder was not physically in a car when the pedestrian-car accident happened, his car insurance policy will pay for the medical expenses incurred as a result of the accident.

Therefore, when injured pedestrians are transported to the hospital after an accident in Cherry Hill, Camden or Marlton, NJ, they need to present their car insurance information and not their health insurance cards.

Pedestrian Does Not Have an Auto Insurance Policy, but Other Applicable Policies Available

If injured pedestrians do not have their own car insurance policies, their medical expenses may be covered by other applicable insurance policies.  If the pedestrian lives with his parents and is a member of the household, then he is covered under his parents’ car insurance policy as a household member, even though he is not the primary insured.  Therefore, his medical expenses are covered by his parents’ PIP coverage in the auto policy.

Pedestrian Does Not Have Any Applicable Insurance Policies

If injured pedestrians do not have their own auto policies or are not covered under any applicable auto policies, then negligent drivers’ PIP coverage would pay for the pedestrians’ medical expenses.

This above order of medical coverage cannot be changed.  It doesn’t seem to make sense to many injured pedestrians, but that is unfortunately the law in New Jersey.

Of course, there are other scenarios, such as what happens if the pedestrian was hit by a car in New Jersey while he was working.  In that situation, workers’ compensation applies.  For more information about workers’ compensation claims after a NJ car accident, see Who Pays for Your Medical Expenses if You Were Injured in a NJ Car or Truck Accident During Your Employment.

Talk to a NJ Pedestrian Car Accident Lawyer

If you were hit by a car in Cherry Hill, Camden or Marlton, NJ and would like to know your legal rights, call Philip T. Ciprietti at 800.281.8695.  Mr. Ciprietti has been helping injured victims for over 35 years.