Detailed Answer
After an accident in New Jersey, you can recover your medical expenses from the at-fault driver’s insurer by following a clear, statute-backed process. First, seek prompt medical treatment and keep itemized bills and records. Under New Jersey’s Personal Injury Protection (PIP) law (N.J.S.A. 39:6A-4), your own insurer pays medical costs up to policy limits regardless of fault. Once you exhaust PIP benefits, you must submit a third-party liability claim against the at-fault insurer.
- Document the accident scene: take photos, gather witness information, and obtain a police report under N.J.S.A. 39:4-130 (link).
- Keep detailed medical records: list providers, dates, diagnoses and treatment plans.
- Submit your PIP claim promptly under N.J.S.A. 39:6A-4 (link) to secure immediate coverage of bills up to $25,000.
- Identify the at-fault driver’s insurer and open a liability claim. Request a claim number in writing and note the adjuster’s contact details.
- Prepare a demand letter: include a clear summary of injuries, itemized medical bills, medical records, and proof of PIP payments or subrogation.
- Send all correspondence via certified mail and keep delivery receipts.
- Monitor insurer deadlines: New Jersey carriers must acknowledge liability claims within 30 days under the New Jersey Claims Processing Standards.
- File suit before the two-year statute of limitations expires (N.J.S.A. 2A:14-2, link).
- Consider consulting an attorney if the insurer denies liability or undervalues your claim.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Keep duplicates of every medical bill, report and correspondence.
- Request and review the full police report; errors can affect liability.
- Log every interaction with the insurer: date, time, rep name and summary.
- Follow up on any information or document requests within 10 business days.
- Ask providers if they will bill the at-fault insurer directly under a letter of protection.
- Review your own PIP policy limits and exclusions to avoid coverage gaps.
- Act quickly to preserve evidence and witness statements.