No Fault State = injured victim pays for everything?

[ecmst12]

And what was the reason they gave you for not paying anything?

 

[Stuvious]

They have the same deductible as my auto insurance so they said my bills weren't extensive enough for them to pay anything b/c my auto insurance already paid it down to my deductible.

[Again why should i pay $493.10 more (every 6months) for a policy that would have let me sue for the $500 I paid out of pocket the one time I've been injured while in a car in the last DECADE. ] this section is now irrelevent after discovering that limited tort is just as good as unlimited for recouping of medical bills


If a person recklessly causes an accident they should be responsible for that deductible.

 

[ecmst12]

Move to another state then. PA doesn't have any deductibles or copays on our PIP coverage, though minimum required is only $5k.

 

[Stuvious]

Yea i like Philly but its really more of a nice place to visit that i wouldn't want to live in. That's what i love about jersey i can go 35mins and be in Atlantic city 20mins and be in new york city, 15mins and be at the beach or 25mins and be at beaches with nice boardwalk scenes as well.(and plus they're rebuilding Asbury Park [we'll see how it goes but they cleaned it up a lottttt so far]) If i move anywhere it'd be Florida.

Honestly i rather live here complain about this no fault thing try to get it changed(unsuccessfully I'm sure as whoever is profiting from this will lobby for its continuation and pull out their I'm going to pay you to vote for what i want card FTW[for the win].


If i sue their insured and lets say it goes to trial and I make a very strong case but....the judge says "that's very well put but it has absolutely no bearing on the laws of this state" rules on behalf of the defendant. Would i have to pay for her overpriced lawyer that was hired by her insurance company? what would i have to pay for other then court costs?

 

[ecmst12]

You could end up having to pay the legal fees for filing a frivolous lawsuit, yes.

 

[Stuvious]

actually i don't think its frivoulous i think im entitled to sue her for my out of pocket expences including my deductable.

New Jersey Tort Options
The right to recover damages is legally known as tort options. The state of New Jersey requires you to select one of the following tort options to define your right to compensation in the event that another party injures you or members of your household in an auto accident:

Limited Right to Recover Damages (Limited Tort)
If you select the limited tort option, your rights to financial compensation for injuries caused by other drivers will be limited. However, your premiums for property damage liability, Full First Party Benefits (FPB), and FPB income loss coverages will be lower than if you had selected full tort. Under the limited tort option, you (the insured) and other resident relatives are entitled to recover damages for medical and other out-of-pocket expenses related to a covered accident. However, you will not be eligible for financial compensation for pain and suffering or other non-monetary damages, unless your injuries are categorized as serious (e.g., a life-long disability, an injury resulting in death, etc.).


Full Right to Recover Damages (Full Tort)
If you choose the full tort option, your rights to financial compensation for injuries caused by other drivers is unrestricted. However, your auto insurance premium will not be reduced. Under the full tort option, you (the insured) and other members of your household may seek recovery for all medical and out-of-pocket expenses. You are also allowed to seek financial compensation for pain and suffering and other non-monetary damages for injuries caused by other drivers in a covered accident

 

[ecmst12]

You haven't said which tort option you have. But either way, and this is the last time I'm going to repeat myself here, YOU ARE NOT ENTITLED TO RECOVER YOUR PIP DEDUCTIBLE FROM THE AT FAULT PARTY. Yes, it sucks, and yes it's unfair, but the law is what it is.

 

[Stuvious]

we shall see i'll let you know how it goes.