I was driving my car in NJ to make a delivery to a customer. I was t-boned at an intersection and the other driver was at fault. Do both my car insurance and workers’ compensation pay for my medical expenses?

Philip Ciprietti, NJ Car & Truck Accident Lawyer

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No they do not. Because your car accident happened while you were making a delivery during your employment, workers’ compensation actually comes first before your car insurance. Therefore, workers’ compensation is going to be responsible for your medical expenses, and not the medical benefits under your car insurance. However, you must seek medical treatment from medical doctors approved by your employer’s workers’ compensation insurance company. Therefore, it is important to notify your employer immediately after the accident so you may seek treatment by an approved doctor.

Suggested Reading: Who Pays for Your Medical Expenses if You Were Injured in a NJ Car or Truck Accident During Your Employment

In addition to filing a workers’ compensation claim, which covers your medical expenses, you may also recover damages from the driver at fault.

If your NJ car insurance policy has “no limitation on lawsuit,” then you will be able to sue for economic and non-economic damages.

Economic damages may include:

  • medical expenses, past and future;
  • wage loss, past and future; or
  • other out-of-pocket expenses.

Pain and suffering damages are considered non-economic damages.

On the other hand, if you have “limitation on lawsuit” or “verbal threshold” on your NJ car insurance policy, then you may only file a lawsuit against the at fault driver if your injuries fall within certain injury categories set forth by New Jersey Statutes Annotated Section 39:6A-8a.  To learn more about exceptions to “verbal threshold,” click here to see New Jersey Car Accidents & Verbal Threshold – Can Injured Car Accident Victims Recover Damages? (Part 1).

Under the statute, if you have a displaced fracture, you may file a lawsuit against the negligent driver even if you have “verbal threshold.”

In order to ensure you receive the maximum recovery you are entitled to as a result of the car accident, it is important to talk to a qualified NJ car accident lawyer who knows all the intricacies of NJ car accident law.

Related NJ Car Accident Case Result Obtained By Mr. Ciprietti: NJ Car accident case result on Garden State Expressway

Help After a NJ Car Accident that Happens While at Work.  Free Consultations. 800.281.8695

Philip Ciprietti has been helping injured victims for over 35 years and has helped many car, bus and truck accident victims in NJ. If you were injured in a car, truck or bus accident on the NJ Turnpike, AC Expressway or other New Jersey highways, feel free to contact Phil T. Ciprietti, Esquire for a free initial consultation. 800.281.8695

*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in New Jersey. This website page does not provide legal advice or create an attorney-client relationship. Use of the contact form on this website or emailing Mr. Ciprietti does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.

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