Sep 252013

It depends. Because you were injured while riding a bus, you would not be able to file a PIP claim under your own car insurance policy. The reason is under NJ law, a bus is not considered an “automobile.” In order to qualify for PIP coverage under your own car accident insurance policy, you must be in an automobile.

However, if you have a car insurance policy, you can make a claim under the “Extended Medical Expense Benefits” coverage, if you chose and bought this coverage. When you bought it, you would have either chosen a $1,000 or $10,000 limit. Therefore, your medical expenses would be paid for by the Extended Medical Expense Benefits up to the limit you purchased.

If you do not have a car and car insurance policy, you may be covered by another applicable car insurance policy where you are considered a “household member.” For example, if you live with your parents, who have a car insurance policy for their car, you may be a household member under the policy. Therefore, your medical expenses may be covered by the Extended Medical Expense Benefits up to the limit your parents purchased.

If there are no applicable car insurance policies, then you have to look to the bus for medical coverage. Some buses are required to carry MEB or Bus-PIP to pay for the medical expenses incurred by passengers who were injured while riding the bus, while others are not. For example, NJ Transit buses are not required to carry Bus-PIP. If you were on a NJ Transit bus, then you would have to use your health insurance to cover your medical expenses if there are no applicable car insurance policies.

The analysis is a bit tricky and it would be advisable for you to consult an experienced NJ bus and car accident lawyer to properly evaluate your situation.

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If you were in a NJ transit bus accident on a New Jersey roadway, feel free to contact Phil T. Ciprietti, Esquire for a free initial consultation. 800.281.8695

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