Visitor Question

Which insurance do I use?

Submitted By: A (New Jersey)

I was working and driving a company van when I was in an accident. I am covered under the company’s insurance policy. I was hit from behind and the other driver admits he’s at fault.

Am I supposed to file a lawsuit against the driver that hit me? Do I file a claim with my personal car insurance, or the company insurance that I am under while driving the van? Do I have to do anything to get my case going? This is in the state of New Jersey. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear A,

The State of New Jersey is a no-fault insurance state. No-fault insurance is also sometimes referred to as personal injury protection, or “PIP.” In the case of a car accident in NJ, an injured driver must contact his or her own insurance company for compensation for their damages.

Damages can include a driver’s medical, chiropractic, and therapy bills, out-of-pocket expenses (for medications, bandages, costs of travel to and from treatment, etc.), and lost wages. No-fault insurance laws do not permit compensation for pain and suffering.

Medical treatment (PIP benefits) are limited to $15,000 per person per accident, unless there is a “catastrophic injury” such as permanent or significant brain damage, spinal cord damage, disfigurement, or other acute injury requiring immediate hospital care. (N.J.S.A. 39:6A-3.1.) Catastrophic injuries are covered up to $250,000

Under New Jersey Statute Section 39:6, a New Jersey driver can carry as little as $15,000.00 in personal injury liability insurance.

You do not have to sue the at-fault driver. Just contact your insurance company and they will open a claim. Once a claim is opened, you will be compensated for your damages. If you’ve suffered serious injuries, contact a personal injury attorney as soon as possible.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 22, 2014

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