Oct 072014

Though it may seem logical that the at-fault truck driver’s company pays for your medical expenses, that is unfortunately not the case.

One of the laws pertaining to New Jersey car accidents is the no-fault principle. Regardless of who caused the car accident, the injured driver’s own car insurance company pays for the injured driver’s medical expenses related to the car accident. Therefore, even though you were hit and injured by a truck in Southampton, your own car insurance company pays for your medical expenses under the medical expenses benefits or PIP benefits in your car insurance policy.

I am not sure from your question whether you were a pedestrian or a driver when the accident happened. If you were a pedestrian and hit by the truck, your car insurance company will still pay for your medical expenses related to the car accident.

Regardless of whether you were a pedestrian or a driver, you will have to pay the deductible on your car insurance policy before PIP benefits will begin to cover your medical expenses.

Though you cannot recover medical expenses from the truck driver, you may be able to file a lawsuit against the truck driver/company to recover other financial compensation such as:

  • lost wages,
  • out of pocket expenses, and/or
  • pain and suffering.

Related: NJ Truck Accidents Caused by Fatigue – By a Southampton, NJ Truck Accident Lawyer

If you are unable to work as a result of the truck accident in Southampton, you can recover your lost wages from the truck driver/company. Therefore, if you lost 8 weeks of work, you will be able to make a claim for those lost wages. If you have disability coverage and received a percentage of your wages during the time you cannot work, your lost wages claim would be for the percentage of wages not covered by your disability coverage.

If your injuries prevent you from performing certain house chores which require you to hire someone else, such as mowing the lawn, these costs are considered out of pocket expenses. You will be able to recover these costs from the truck driver/company in a NJ car accident lawsuit.

You may also be able to recover pain and suffering damages. However, pain and suffering is different for each individual. Some may have more pain and suffering because their recovery time was longer or the length of time they cannot perform daily activities is longer.   Therefore, determining pain and suffering requires injured individual to describe how their lives have been affected because of the injuries.  It is important to note that there are other legal issues which come into play when making a pain and suffering claim, such as whether you elected “verbal threshold” or “no verbal threshold” on your auto insurance policy.  See New Jersey Car Accidents & Verbal Threshold – Can Injured Car Accident Victims Recover Damages?

If you want to talk about your accident further and explore your legal options, feel free to call me to schedule a FREE case evaluation. 800.281.8695

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