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May 16, 2012 /24-7PressRelease/ -- Some in the New Jersey legislature would like to change current automobile insurance laws to curb escalating costs to auto insurers. However, such reforms have the potential to ultimately deny critical medical care for those injured in automobile accidents.
Changes to PIP Coverage
In New Jersey, drivers are required to hold automobile insurance that includes, at the very least, property damage liability and personal injury protection insurance (PIP coverage). PIP coverage allows parties injured in a motor vehicle accident to collect insurance claims to cover their medical costs, regardless of who is at fault for the accident.
PIP coverage varies with the type of insurance driver purchase and typically ranges from $15,000 per person per accident to $250,000 per person per accident if permanent or significant brain or spinal cord injuries are sustained.
Unfortunately, PIP insurance coverage is susceptible to fraud, and some New Jersey state lawmakers are entertaining reforms that aim to cut costs associated with the coverage by capping the amount health care facilities can charge for care.
This decision has outraged doctors, who believe these caps will make it nearly impossible for some severely injured in car crashes to receive appropriate care. Under pressure from doctors and hospitals, lawmakers backed off caps on back and spinal outpatient care. Now, doctors are fighting to prevent caps on pain medication treatments, which are an essential part of medical treatment for those suffering chronic pain after an accident.
Other Changes in Automobile Insurance Law
On a related note, the New Jersey Supreme Court recently dismissed the case of a plaintiff trying to sue for damages as a passenger in a car that she owned but was not insured. The court ruled that granting the plaintiff the right to sue for damages would "circumvent" the intent of an existing law that denies uninsured drivers the right to sue for damages, in part to compel them to purchase insurance. New Jersey requires all drivers to be insured.
New Jersey insurers offer a basic automobile insurance plan that includes property damage liability of $5,000 per accident and PIP coverage of $15,000 per person per accident. The plan does not include coverage for bodily injury liability, collision, comprehensive or uninsured/underinsured motorist coverage. Those with basic automobile insurance have a limited right to sue for damages in the event of an automobile accident.
As New Jersey lawmakers continue to debate automobile insurance reforms, drivers should review their policies to make sure they have an appropriate amount of coverage. If you or a loved one has been injured in a car accident, please contact an experienced personal injury attorney to explore your legal options.
Article provided by Fishman McIntyre P.C.
Visit us at www.jaeleelaw.com
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