Confusion and intimidation are two common
feelings people get when they are faced with
making decisions about their automobile
insurance. People are always asking what type of
coverage they have or what type of coverage they
need. Sometimes, after a person is involved in a
motor vehicle accident, they simply do not know
how to proceed in handling personal injury,
lost wage or property damage claims. Below are
some frequently asked questions regarding car
insurance.
Question: Do I have to purchase motor
vehicle insurance?
Answer: The law in New Jersey requires that every
owner of a registered automobile purchase and
maintain insurance coverage on the automobile.
Specifi cally, the law requires that automobile
liability insurance be purchased. Liability insurance
that you purchase will protect you and your loved
ones and protect your assets. If you are caught
driving without insurance, you may be subject to a
large fi ne, have your driver’s license suspended, or
even face jail time.
Question: How much automobile insurance
coverage can a person purchase?
Answer: Under the law in New Jersey, an insurance
company is required to provide a minimum
amount of coverage in the amount of $15,000 per
person and $30,000 per accident. That is the bare
minimum you must carry. The law in New Jersey
also allows people to purchase additional liability
insurance coverage up to $250,000 per person and
$500,000 per accident or a $500,000 single limit
liability policy. Remember that liability insurance
is meant to protect you and your assets. The more
liability coverage you have, the more security you
have. If you do not have proper insurance, you
may be personally responsible for any damage of
injury resulting from an accident.
Question: My automobile insurance
company sent some documents with terms
I am not familiar with: Tort Threshold and
PIP coverage. What do they mean?
Answer: Tort Threshold. The "tort threshold" or
"limitation on lawsuit option" on your insurance
policy requires certain injuries, such as death,
signifi cant disfi gurement or scarring in order to
maintain a claim for damages. This limitation may
also affect other family members who reside with
you. Instead of the "limitation on lawsuit option,"
you may purchase a "no limitation on lawsuit
option." In that case, you may fi le a claim for any
injury that you suffered as the result of a motor
vehicle accident. Even if you have the limitation on
lawsuit option now you can change it at any time
by contacting your insurance agent. Although the
"no limitation on lawsuit option" is more expensive,
it enhances your coverage and removes barriers to
collecting damages for injuries caused by the other
driver.
PIP Coverage. Personal injury protection coverage
("PIP") provides benefi ts to a person for their
automobile accident related medical expenses.
This is sometimes referred to as "no fault" benefi ts,
as it provides coverage for your medical expenses,
regardless of fault. The standard amount of
coverage for the payment of medical expenses is
$250,000 per person per accident. In addition to
paying for medical expenses, PIP coverage provides
loss of income benefits as well as essential service
benefi ts. The standard policy provides loss of
income benefi ts in the amount of $100 per week,
but in order to protect yourself with income
continuation benefits, you can increase the amount
of benefi ts up to the maximum allowed which is
$700 per week. Essential service benefi ts reimburse
the injured person as well as his family members
who rely on him for essential services for the cost
of hiring replacement services. Death benefits and
funeral expense benefi ts are also available under
PIP coverage.
Question: My automobile policy indicates
that I have uninsured and underinsured
motorist coverage. How do these benefits
work?
Answer: Unfortunately, not all drivers follow the
law in New Jersey and some do not carry liability
insurance. These persons are known as uninsured
motorists. When you have uninsured motorist
coverage, you can be compensated for injuries that
result from an accident with a driver who is legally
responsible for the injuries, but has no liability
coverage. Uninsured motorist coverage may also
apply when you are injured in an accident with an
unidentified hit-and-run vehicle.
Underinsured motorist coverage protects an injured
party when the driver who is at fault does not have
enough insurance coverage to fully compensate an
injured party for his or her injuries. For example,
if an at-fault driver only has $15,000 worth of
liability insurance and the injured party is entitled
to compensation in the amount of $100,000, the
injured person may be able to collect from his own
insurance company, up to an additional $85,000.
Question: If I am injured in an accident,
how much is my case worth?
Answer: In New Jersey, there is no formula as to
what the value is. Typically, there are many different
elements that determine the value of a case. They
include the following: pain and suffering, outof-
pocket expenses, future medical expenses, lost
wages, future lost wages, loss of earning capacity,
disability, impairment and loss of enjoyment of
life.
Question: What if my spouse was injured in
an accident and cannot take care of certain
things around the house, would I be entitled
to compensation?
Answer: Under the law in New Jersey, a spouse is
entitled the services of his/her spouse in attending
to household duties, to companionship and comfort
and to consortium (marital relations).
Question: How do I properly protect
myself?
Answer: Accidents happen when you least expect
them to happen. Be prepared. Sooner, rather than
later, sit down with your insurance agent or your
attorney to make sure you have the proper coverage
on your own motor vehicle. If, unfortunately, you
have been involved in an accident, whether it is a
motor vehicle accident or a fall down accident or
even an accident while working, I will be happy to
sit down and speak with you about your rights.