Which insurance do I use?
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.
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ANSWER for "Which insurance do I use?":
A (New Jersey):
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 an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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