[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/what-new-legislation-could-mean-to-you-if-youre-hurt-in-a-car-crash\/#Article","mainEntityOfPage":"https:\/\/staging-dmlawyer2.wordkeeper.net\/what-new-legislation-could-mean-to-you-if-youre-hurt-in-a-car-crash\/","headline":"What New NJ Legislation Could Mean to You If You\u2019re Hurt in a Car Crash","name":"What New NJ Legislation Could Mean to You If You\u2019re Hurt in a Car Crash","description":"There\u2019s still no doubt that you should max out your auto insurance PIP coverage. However, new legislation could actually help you if you\u2019re hurt in a car crash. Changes in the law could lessen your concerns regarding recovery of unreimbursed or uncompensated medical expenses. Earlier this year, the Supreme Court\u2019s ruling in Joshua Haines v.… Continue reading What New NJ Legislation Could Mean to You If You\u2019re Hurt in a Car Crash<\/span><\/a>","datePublished":"2019-08-27","dateModified":"2023-11-29","author":{"@type":"Person","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/author\/dmlawyer\/#Person","name":"Dan T. Matrafajlo","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/author\/dmlawyer\/","identifier":1,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/4cd7921c278b5fce01aa11ff8757760e046d90270e00964f697cbd173dee30a0?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4cd7921c278b5fce01aa11ff8757760e046d90270e00964f697cbd173dee30a0?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Beninato & Matrafajlo Attorneys Law LLC.","logo":{"@type":"ImageObject","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2021\/04\/logo.png","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2021\/04\/logo.png","width":366,"height":74}},"image":{"@type":"ImageObject","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2016\/04\/automobile-accident.jpg","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2016\/04\/automobile-accident.jpg","height":588,"width":855},"url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/what-new-legislation-could-mean-to-you-if-youre-hurt-in-a-car-crash\/","about":["Accident","Auto Accident","Car Accidents"],"wordCount":696,"articleBody":"There\u2019s still no doubt that you should max out your auto insurance PIP coverage. However, new legislation could actually help you if you\u2019re hurt in a car crash. Changes in the law could lessen your concerns regarding recovery of unreimbursed or uncompensated medical expenses.Earlier this year, the Supreme Court\u2019s ruling in Joshua Haines v. Jacob W. Taft created a dilemma for many prospective automobile accident victims. In the first place, the Limitation on Lawsuits option cuts down on the number of reasons injured parties can sue for noneconomic losses.Meanwhile, Personal Injury Protection (PIP) was designed to pay for medical expenses. While New Jersey law allows policyholders to opt for just $15K and lower premiums, it\u2019s easy to see how quickly bills could rise above the cost.The Haines matter consolidated two separate legal matters with exactly those scenarios. In the one case, Joshua Haines was driving his father\u2019s car when he was injured in a car crash. Although he maintained the accident wasn\u2019t his fault, his injuries didn\u2019t meet the criteria described in NJSA 39:6A-8(a) as far as noneconomic losses.The same was true for Tuwona Little, the other party in the consolidated lawsuit. Her vehicle was rear-ended and she was hurt. Once again, she was not eligible to seek recovery because she chose the Limitation on Lawsuits option when she signed up for automobile insurance coverage.In both cases, the PIP policy limits amounted to $15K. Joshua\u2019s medical expenses exceeded the limits by $28K; Tuwona\u2019s were $10K over the lower PIP option.Even though neither Joshua or Tuwana could sue for bodily injury, they both attempted to seek recovery for their medical expenses.Supreme Court Case Denied Recovery for Medical ExpensesWhen a case makes it up to the Supreme Court, it creates new law. The court considered the issue of no-fault insurance. Ultimately, the court found that the Legislature really never spoke on what would happen if someone elected to take less than a $250K PIP option.Since there was no law regarding the determination, the court decided that an injured party could only sue for unpaid medical expenses if they selected the maximum PIP option. The case essentially created a horror story for people who weren\u2019t \u201churt enough\u201d to file a lawsuit \u2013 but who needed medical treatment just the same.The Legislature immediately reacted with two separate bills that Governor Phil Murphy just signed into law. Senate Bill 2432 amends NJSA 39:6A-12 and concerns uncompensated economic loss in an action for recovery of damages for bodily injury.What does this new law mean to you? If someone else\u2019s negligence caused your accident, you can now sue for \u201call uncompensated medical expenses not covered by PIP.\u201d You won\u2019t be stopped from doing so just because you chose the lower PIP option.This includes \u201call medical expenses that exceed or are unpaid or uncovered by any injured party\u2019s automobile insurance medical expense benefits personal injury protection coverage, regardless of any health insurance coverage, are claimable by any injured party as against all liable parties. This includes any self-funded health care plans that assert valid liens.\u201dIn the meantime, the enactment of Senate Bill 3963 addresses unreimbursed economic loss in actions for recovery under certain circumstances. The new law amends NJSA 39:6A-4.6 and means the amounts claimed for unpaid medical bills default to what falls under the NJ PIP fee schedule.The law doesn\u2019t allow medical providers to balance bill patients for amounts exceeding the fee schedule. The good news is that claimants injured as the result of an accident that wasn\u2019t their fault can seek payment.Of course, there\u2019s still another reason that choosing the $250K PIP option makes sense. What if you inadvertently caused the crash yourself? How will you pay for your medical treatment if it exceeds the lower limits?Contact UsHave questions? The Law Offices of Beninato & Matrafajlo can help you with understanding your car insurance and processing a claim. We only are paid if we are successful in recovering damages on your behalf. Contact us to schedule an appointment."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"What New NJ Legislation Could Mean to You If You\u2019re Hurt in a Car Crash","item":"https:\/\/staging-dmlawyer2.wordkeeper.net\/what-new-legislation-could-mean-to-you-if-youre-hurt-in-a-car-crash\/#breadcrumbitem"}]}]