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Insurance Coverage after a Pedestrian Accident

5 years ago
by Howard Sobel

How Does an Injured Pedestrian Cover Medical Expenses?

When you have been injured as a pedestrian because of the carelessness or negligence of a motorist, chances are strong that your injuries will be serious, requiring hospitalization and even long-term physical therapy or rehabilitation. In the immediate aftermath of the accident, you’ll likely have questions about how your medical expenses will be paid.

If the accident happens while you are on the job, there’s a good chance that you’ll be able to file a workers’ compensation claim and have medical expenses covered that way. You will also likely be able to seek payment of reimbursement through any health insurance coverage that you have. There is, though, another potential source of compensation or reimbursement for medical expenses—an automobile liability insurance policy.

In states that don’t have “no-fault” automobile insurance laws, an injured pedestrian can file a claim against the at-fault driver’s motor vehicle insurance liability policy. In states like New Jersey, which take a “no-fault” approach to automobile insurance, the injured party files the claim with his or her insurance carrier and the insurance company seeks reimbursement from the at-fault party’s insurer.

Under New Jersey law, when a pedestrian is hit by a car, his or her own personal injury protection (PIP) coverage will be the first source for payment of medical expenses. That doesn’t mean, however, that a pedestrian who doesn’t own a car or doesn’t have PIP protection will be without legal recourse. The State of New Jersey maintains a fund that provides insurance coverage to pedestrians who do not have their own personal injury protection policies.

Contact the Law Offices of Howard N. Sobel

Protect your rights when you have been hurt because of someone else’s carelessness. For professional and knowledgeable legal counsel with a personal touch, contact our office by e-mail or call us at 856-424-6400. We are available evenings and weekends upon request.

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