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Got dragged by a bus in next state-police agree driver is at fault- hospital sending me to collections?

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NM1289

Member
NEW YORK RESIDENT- Accident occurred 7/11/2018 (today's date is 1/21/2018)

I was a back driver-seat passenger. It was my BF's car, and he was allowing his friend to practice driving for her license the next day. They planned to drop me off at the train station, but when we got there, a NJ transit bus coming the other direction hit us, and dragged us several feet back. Somehow, I was the only one with injuries (stitches in my eyelid and a small scar on the side f my nose close to the lacrimal, and a huge knot on the forehead).

The Police agree it was the bus driver at fault, and is written in the official report, but I am told the state of New Jersey has a no fault clause, apparently. I want the bus company to pay my bill ($4271.40), but I was also told that the bus company or the driver can counter sue my bf somehow, which is what I want to avoid, which is why I haven't done anything about it. Now months have passed, and the hospital is threatening to send me to collections, and I've worked too hard on raising my damn credit score, so what should I do, if anything is this even possible?
 


Zigner

Senior Member, Non-Attorney
NEW YORK RESIDENT- Accident occurred 7/11/2018 (today's date is 1/21/2018)

I was a back driver-seat passenger. It was my BF's car, and he was allowing his friend to practice driving for her license the next day. They planned to drop me off at the train station, but when we got there, a NJ transit bus coming the other direction hit us, and dragged us several feet back. Somehow, I was the only one with injuries (stitches in my eyelid and a small scar on the side f my nose close to the lacrimal, and a huge knot on the forehead).

The Police agree it was the bus driver at fault, and is written in the official report, but I am told the state of New Jersey has a no fault clause, apparently. I want the bus company to pay my bill ($4271.40), but I was also told that the bus company or the driver can counter sue my bf somehow, which is what I want to avoid, which is why I haven't done anything about it. Now months have passed, and the hospital is threatening to send me to collections, and I've worked too hard on raising my damn credit score, so what should I do, if anything is this even possible?
Why hasn't your boyfriend's insurance covered your injuries?
 

NM1289

Member
Why hasn't your boyfriend's insurance covered your injuries?
I didn't expect such a speedy response! Thank you for that. And honestly, I didn't think it could work that way, since he lives in NJ and I in NY. Do you mean his health insurance or auto-insurance? Or both?
 

Zigner

Senior Member, Non-Attorney
I didn't expect such a speedy response! Thank you for that. And honestly, I didn't think it could work that way, since he lives in NJ and I in NY. Do you mean his health insurance or auto-insurance? Or both?
You should file against your boyfriends auto insurance coverage first.

EDIT: You won't file against his health insurance - that has nothing to do with this matter.
 

NM1289

Member
You should file against your boyfriends auto insurance coverage first.

EDIT: You won't file against his health insurance - that has nothing to do with this matter.
Oh, alright. When this happened, he only had that car for a few months at best. Will that raise his rate dramatically?. And after filing, what should I do next, or hope to expect? I'm apologize, I'm still learning about how all of these things work.
 

Zigner

Senior Member, Non-Attorney
Oh, alright. When this happened, he only had that car for a few months at best. Will that raise his rate dramatically?. And after filing, what should I do next, or hope to expect? I'm apologize, I'm still learning about how all of these things work.
The insurance in New Jersey is set up so that you must claim against your boyfriend's insurance. I don't know exactly how it works (I'm from California - we don't have "no-fault" here), but my belief is that this won't cause his insurance rates to rise. I could be wrong, so please wait for someone more knowledgeable to reply on that aspect.
 

NM1289

Member
The insurance in New Jersey is set up so that you must claim against your boyfriend's insurance. I don't know exactly how it works (I'm from California - we don't have "no-fault" here), but my belief is that this won't cause his insurance rates to rise. I could be wrong, so please wait for someone more knowledgeable to reply on that aspect.
Honestly you've been most helpful to me about this compared to people I actually know, so I appreciate what you've told /given me regardless, Thanks so much!
 

xylene

Senior Member
Honestly, you may be too late to sue the Bus Company / Driver. (You needed to act within 90 days.)

Your only option is a car insurance claim.

STOP protecting your stupid boyfriend. Bluntly speaking he should be held to account for allowing a driver to practice in his car and having it go south... You REALLY want to be on the hook for 4 large to keep him from an increased insurance premium???? That's nuts. He should be paying your bill if that is so freaking important.
 

Zigner

Senior Member, Non-Attorney
Honestly, you may be too late to sue the Bus Company / Driver. (You needed to act within 90 days.)
New Jersey's no-fault system appears to prevent her from suing the at-fault driver. She needs to claim with the driver's insurance. Her bill(s) should be well under the limit.
 

quincy

Senior Member
NM1289 could have filed a claim against the NJ transit system but a tort claim notice had to have been filed with the NJ Transit Authority within 90 days of the accident/injury, as xylene said. It appears from the date of the accident that it is too late.

If proper notice is made, then the injured party has one year to file suit. For other personal injury claims, the statute of limitations is 2 years.

Different laws apply to suits against personal autos and the transit system.

The mandatory minimum insurance carried by the boyfriend should be $15,000/person and $5000/accident. NM1289 should file her claim soon.
 
Last edited:

NM1289

Member
NM1289 could have filed a claim against the NJ transit system but a tort claim notice had to have been filed with the NJ Transit Authority within 90 days of the accident/injury, as xylene said. It appears from the date of the accident that it is too late.

If proper notice is made, then the injured party has one year to file suit. For other personal injury claims, the statute of limitations is 2 years.

Different laws apply to suits against personal autos and the transit system.

The mandatory minimum insurance carried by the boyfriend should be $15,000/person and $5000/accident. NM1289 should file her claim soon.
oh! thank you so much!!
 

NM1289

Member
Honestly, you may be too late to sue the Bus Company / Driver. (You needed to act within 90 days.)

Your only option is a car insurance claim.

STOP protecting your stupid boyfriend. Bluntly speaking he should be held to account for allowing a driver to practice in his car and having it go south... You REALLY want to be on the hook for 4 large to keep him from an increased insurance premium???? That's nuts. He should be paying your bill if that is so freaking important.
no, you're right. we're working something out right now, and we're going to talk to his insurance on dealing with the bill.
 

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