Is New Jersey a “No-Fault” Insurance State for Motorcycle Accidents?
All drivers on the road, including those in cars or on motorcycles, are required to carry insurance in case of accidents and injuries. While many drivers in cars are covered by no-fault insurance policies, motorcycle riders are not.
Motorcycle riders are still required to have insurance, but they do not have any no-fault policies that cover them regardless of who caused the crash. This means that motorcycle riders have somewhat more limited options when it comes to pursuing legal action for damages. Generally, injured motorcycle riders can still file insurance claims. However, these are third-party claims against the other driver’s insurance. An attorney can also help injured motorcycle riders file lawsuits to get their damages covered. Many motorcycle riders also drive cars, and they have auto insurance that comes with a no-fault policy. Unfortunately, these policies usually cannot be applied to a motorcycle accident.
Many motorcycle accidents are caused by negligent drivers who cannot be bothered to share the road. Our New Jersey motorcycle accident lawyer can help you hold the other driver responsible for their negligence. For a free case review, call Jerry Friedman at 1-800-529-4464.
No-Fault Insurance Policies in New Jersey Motorcycle Accidents
Generally, New Jersey is a no-fault insurance state regarding auto insurance and accidents. In no-fault states, a driver injured in an accident can file an insurance claim with their own insurance policy rather than the other driver’s. There are also legal hurdles to filing a lawsuit if you receive compensation from a no-fault policy.
New Jersey auto-insurance requirements make personal injury protection (PIP) policies mandatory. This policy pays injured drivers for their medical expenses and some vehicle repair costs, regardless of who is at fault. In many accident cases, drivers do not need to pursue further legal action because their damages were totally covered by their PIP insurance policy. However, drivers that also wish to file lawsuits to recover additional damages might have trouble doing so if their policy comes with a limited right to sue.
When a person purchases a motorcycle, they must add this vehicle to their existing auto insurance policies. If they do not own another vehicle, they still must have insurance like standard auto insurance. However, motorcycles are not covered by a no-fault or PIP policy. If you are injured in a motorcycle accident, you will likely need to prove the other driver caused the crash before you can receive any insurance coverage. Alternatively, you can file a lawsuit without having to overcome any legal obstacles.
Motorcycle accidents tend to be very dangerous, and riders are frequently injured very badly. As such, their medical expenses and other damages tend to be quite high, and legal action is often needed to get compensation. Our Newark motorcycle accident lawyer can help you explore both insurance options and the possibility of a lawsuit.
Legal Options for Injured Motorcycle Riders in New Jersey
While injured riders can still pursue an insurance claim, it must be a third-party claim against the other driver’s insurance. In that case, you will need to prove the other driver was at fault for the collision. Doing so is easier said than done, and evidence may or may not be hard to come by. The insurance company will also likely be hesitant to pay out anything and may use any excuse they can think of to deny your claim. Our Trenton motorcycle accident attorney can help you file your claim, prove fault, and reach an agreeable settlement with the insurance company.
In certain circumstances, you might be able to file a claim with your own insurance, although not with any PIP insurance policy. Instead, you might file a claim with your uninsured motorist coverage if the other driver did not have any insurance, making it impossible to file a third-party claim.
One very important legal option you should consider is filing a personal injury lawsuit against the other driver. This might be necessary for several reasons. First, filing a lawsuit might be necessary if the other driver’s insurance denies your insurance claim. Alternatively, we can file the lawsuit to put some pressure on the insurance company and show them we mean business in the hopes of getting a better settlement. Alternatively, we can skip the insurance claim and file your case as our first course of action.
Lawsuits are often better for plaintiffs in terms of damages. While insurance might cover medical expenses and other economic losses, it often does not cover non-economic damages like pain and suffering. A lawsuit may help you claim the full extent of your damages while holding the defendant accountable for their negligence.
Can I Use My No-Fault Auto Insurance to Cover a New Jersey Motorcycle Accident?
Many motorcycle riders own at least one other vehicle. It is typically for motorcycle riders to have a car or truck for ordinary daily travels, and their motorcycle is used more for recreational travel. As such, riders tend to simply add their motorcycle to their existing auto insurance. This begs the question of whether an injured motorcycle rider can use their PIP policy under their auto insurance to cover their accident. Unfortunately, the answer to that question is no.
You might have a PIP policy under your auto insurance that would cover you in a typical car accident, but that policy does not extend to a motorcycle crash. Instead, you would need to explore the legal options discussed above. If you do not have another vehicle, and your motorcycle is your only vehicle, your insurance policy would likely not come with a PIP policy. Our Jersey City motorcycle accident lawyer can help you figure out how to get compensation for your injuries with or without an insurance claim.
Call our New Jersey Motorcycle Accident Lawyer for Help Today
Riding a motorcycle can be fun, freeing, and exciting. Unfortunately, drivers in ordinary cars tend to overlook motorcycles on the road and cause serious collisions. Our Atlantic City motorcycle accident attorney can help you get justice and compensation for your injuries. For a free case assessment, call Jerry Friedman at 1-800-529-4464.
