Does My Motorcycle Insurance Cover Liability in NJ?

If you ride a motorcycle in New Jersey, you need liability insurance. Unfortunately, that insurance won’t cover your damages if a negligent driver hits you.

The insurance you have for your motorcycle is different than the coverage you have for your car. If you get in an accident in your car in New Jersey, your personal injury protection (PIP) insurance may cover some or all of your damages. If you get in an accident on your motorcycle, your PIP doesn’t cover you. And, the liability insurance you need to have to protect others won’t cover you either. Instead, you may have to file a lawsuit to recover damages, which could result in compensation that would not be available in an insurance claim anyway, like non-economic damages. If your liability or involvement in the accident is questioned during your claim, we can present evidence confirming the defendant’s fault, like eyewitness statements, accident reconstruction expert testimony, and medical records.

To discuss your case for free with New Jersey motorcycle accident lawyer Jerry Friedman, call 1-800-529-4464 today.

What Does Your Motorcycle Insurance Cover in NJ, and Does it Include Liability?

Motorcycle insurance works differently than car insurance in New Jersey, mostly because the no-fault insurance rules for car drivers are not the same for motorcycle riders.

If you also have a car, you may know that you need personal injury protection insurance to cover you in case of an accident. It wouldn’t matter who was at fault; you would file a claim with your PIP. Unless your injuries met the serious injury threshold, in which case you could sue the negligent driver.

Things work differently for motorcycles and motorcycle accidents. Even if you have PIP for your car, it won’t extend to a motorcycle crash in New Jersey.

Because of this, when a car hits a motorcycle, things may get complicated regarding where victims can go for compensation. In New Jersey, personal injury protection insurance must include the minimum liability policy amounts as well. Motorcyclists also need liability insurance in addition to pedestrian personal injury protection coverage, according to N.J.S.A. § 17:28-1.3

Liability insurance covers damages you might cause, not damages you might incur. So, having liability insurance will not help you get compensation after a crash. Furthermore, despite needing liability insurance in New Jersey, motorcyclists are often not at fault for collisions. Fortunately, the other driver should also have liability insurance if they comply with New Jersey’s coverage requirements, and you could also file a lawsuit to recover damages.

Addressing Questions of Liability in a NJ Motorcycle Injury Claim

Throughout your case, whether after filing a claim with the negligent driver’s liability insurance or when proving negligence in a lawsuit, you must be prepared to address the question of liability. Union City, NJ motorcycle accident lawyer Jerry Friedman can help victims do that with strong evidence like eyewitness statements, accident reconstruction efforts, and victims’ medical records.

Eyewitness Statements

Though New Jersey is a no-fault state for most other motor vehicle accidents, determining liability for motorcycle accidents is crucial, as victims may have to file lawsuits to get meaningful damages. Eyewitness statements are often vital evidence in such lawsuits, especially when they go to court and the decision of liability is the jury’s.

We will identify and speak to eyewitnesses to preserve their statements as soon as possible. We will determine if any eyewitnesses saw the defendant breach their duty of care. This is one of the factors we need to establish to prove liability in your case. The breach of duty is how the defendant acted negligently or what they did wrong. For example, if they ran a stoplight and hit you in an intersection, we would want to get eyewitness statements corroborating your claim. Even after witnessing a traumatic accident, someone’s memory might fade, which is why immediate contact with eyewitnesses is necessary.

Accident Reconstruction

Showing that the other driver was fully responsible for the accident will also be important. When addressing liability, juries, and insurance companies for that matter, consider the involvement of all parties. If the victim is partially at fault, their damages can be reduced proportionally. This is laid out in § 2A:15-5.1, New Jersey’s modified comparative fault statute.

Unfortunately, this statute often affects motorcyclists because of unfair misconceptions about their recklessness or the likelihood of them ignoring traffic laws. If comparative fault threatens your case, or if there are questions about the accident’s sequence of events, Jerry can enlist an accident reconstruction expert to assist with your case. This expert can review photographic and physical evidence from the crash site to determine important facts. For example, accident reconstruction can reveal the other car’s speed and direction of travel at the time of the accident. It can also show the exact impact point and velocity change after impact.

If you took pictures of the accident’s fallout, such as property damage to your motorcycle or the other car, tire marks, broken glass, or other debris on the road, give them to our team as we prepare your case. Such images can greatly assist experts during accident reconstruction.

Medical Records

Victims’ medical records can show exactly when and how they sustained their injuries, eliminating the question that they were hurt in a separate incident. Furthermore, medical experts may be able to determine the specific type of accident that would have resulted in your injuries, further strengthening your case. For example, if medical records show fractures to the side of a victim’s body, that may be consistent with injuries typically seen in T-bone accidents involving cars and motorcycles. If the accident involving the defendant was a T-bone accident, we could show that you most likely sustained your injuries during that crash.

Call Jerry to Talk About Your Motorcycle Injury Case in NJ

Call Marlboro, NJ motorcycle accident lawyer Jerry Friedman for a free case assessment at 1-800-529-4464.