ECM Need Your Assistance

[byrd42]

What is the name of your state? PA

I am insured in PA, but was rear ended in NJ on 2/27. Three vehicle chain reaction. I was first vehicle stopped at red light. A construction truck rear ended an Acme Delivery Truck owned by UPS who slammed into me. Went half way through intersection.

Anyway, my damage is minimal (bumper, taillight). UPS has contacted me via mail and has stated it's under investigation and no payment until liability is assesed, etc. Also been subpoened to appear in Ewing court against driver who caused the chain of events.

I have soft tissue injuries including an aggravated injury to my finger that was broken two weeks ago that had been splinted. Been back this week twice for x-rays. Am going to doctor Monday for my neck & shoulder. Thought the pain would go away, but hasn't.

So, do I turn the medical bills into the N.J. "at fault party" or do I put in a claim under my PIP in PA and have them subro.? This is a little fuzzy to me on how to handle.

Thanks, Byrd

 

[ecmst12]

PIP pays first on medical bills. If the accident had happened in PA, they would NOT be allowed to subrogate the at fault party. In NJ, I'm not sure. But definitely let your PIP pay the bills, it will make your life much easier.

If you are interested in trying to claim for pain and suffering, you should talk to a lawyer. When I was hit by a taxi in 2001, I was told there was no such thing as Full Tort in NJ, even if you are hit by a commercial driver. The laws have been reformed some since then, but it's likely that it's still the case. But, I don't know for sure.