Who should I speak to about my case?
Only your lawyers, their office staff and your treating doctors. After the initial report to your insurance company, any requests for a tape-recorded or signed statement should be referred to us for consideration. Although it is okay to allow the other person’s insurance company to appraise any property damage, NEVER speak to them about how the accident happened or about your injuries. SIGNIFICANT LEGAL RIGHTS MAY BE COMPROMISED BY MAKING STATEMENTS TO THE WRONG PERSON. Of course, do not sign any releases, agreements or other documents without first consulting with us.
How do I get my car repaired?
If you have collision coverage, you should contact your own automobile insurance company to arrange for an appraisal. Your insurance company will pay for the damage to your car, less any deductible. After your insurance company recovers its money from the other person’s insurance company, you will be reimbursed for all or part of the deductible.
If you do not have collision coverage, you should obtain a written estimate from a licensed auto body shop, even if your damage is a total loss. Send the estimate to our office and we will forward it to the other person’s insurance company. If the car is incurring storage charges, you should make arrangements to either repair or dispose of the vehicle as soon as possible.
Should I take photographs of the car?
Yes. Whether you have collision coverage or not, take photographs of the car and send them to our office. Good quality photographs can be obtained with a disposable 35 mm. camera. Take photos of the entire car from all angles, even areas that were not damaged, including the interior.
Can I get a rental car while my car is being repaired?
If you have rental reimbursement included in your automobile policy, you will be covered up to the limits of the policy. Typically, it will be $15-25 per day up to a maximum of 30 days, but the amount of coverage should be confirmed with your insurance company.
If you do not have rental reimbursement on your policy, we can make a claim for reimbursement against the other person’s insurance company. However, you will be required to pay for the rental first, typically on a credit card, then the bill can be submitted for reimbursement. Also, you will be limited to a “reasonable” daily rate for a “reasonable” period of time, depending on the circumstances.
What should I do if I am unable to work due to my injuries?
You may be entitled to New Jersey Temporary Disability Benefits. An application for these benefits can be obtained from your local unemployment office. The form will have to be completed by you, your treating doctor and your employer. You will then receive a determination of benefits letter from the State, explaining what benefits, if any, you are entitled to receive. Some employers and unions have a private plan in lieu of State disability. In those situations, your application will be processed by the appropriate office.
If it is determined that you are not eligible for State disability benefits, or the benefits are exhausted, or if the weekly benefits are less than No-Fault Benefits available to you, a claim for Income Continuation Benefits (ICB) should be made with your automobile insurance company under your Personal Injury Protection (PIP) coverage. The amount of benefits you may be entitled to will be determined by the level of ICB purchased in the insurance policy.
Copies of any and all letters, forms, check stubs, copies of checks, etc. should be sent to our office so an accurate record of your wage loss can be maintained in our file. Any difference between the benefits you receive and your usual net earnings will be made a part of your claim/lawsuit.
What should I do with any bills, letters, forms, receipts, or other mail I receive in connection with my accident and/or injuries?
Send either originals (after making copies for yourself) or legible copies to our office. If an application or form requires your signature, complete and sign the document in all places indicated and send it to our office for review. If necessary, we will forward it to the appropriate insurance company or office.
Who is responsible for paying my medical bills?
Under the law in both New Jersey and Pennsylvania, your own automobile insurance carrier is responsible for paying your medical bills, regardless of who is at fault for the accident. If you do not own an automobile of your own, the potential source of insurance would be from a resident relative. If there is no immediate family member in your household with automobile insurance, you would be entitled to coverage from the insurance company for the vehicle you were traveling in at the time of the accident. In the event that vehicle was uninsured, then an application to the New Jersey Unsatisfied Claim and Judgment Fund Board would have to be made.
The only time the “other person’s” insurance company would be responsible for your medical bills would be if you were a pedestrian and there were no other sources of insurance available to you.
In order to initiate your claim, an Application for Benefits form must be completed for Personal Injury Protection (PIP) benefits. You must complete and sign the form in all necessary places and send it to this office. We will then review and forward the form to the appropriate insurance company on your behalf.
Will my medical bills be paid 100%?
No. The New Jersey No-Fault law requires every policy to have a deductible. The deductibles range from $250.00 to $2,500.00. Thereafter, a 20% co-pay will be applied until your medical expenses reach $5,000.00. At that point, the insurance company will be responsible for paying all reasonable and necessary pre-certified expenses.
If you have any health insurance coverage, the deductible and co-pay amounts should be submitted to the carrier for consideration.
Any remaining unpaid amounts will be paid from the proceeds of any settlement or recovery obtained on your behalf.
In Pennsylvania, there are no deductibles or co-pays. However, the limit of medical coverage for most automobile policyholders is $5,000.00-$10,000.00. The declaration page of your automobile policy will provide details of your “first-party benefits”. Additionally, the Pennsylvania No-Fault law pays medical expenses in accordance with “Act 6.” Act 6 pays medical expenses at the rate of 110% of what Medicare would charge for the same service up to the policyholder’s limit of medical coverage, regardless of what the provider’s actual charges are. The medical provider must accept this amount as payment in full and may not request or demand additional payment from the patient or the insurance carrier.
Should I attend medical examinations scheduled by my insurance company?
Only if we approve. Although you must cooperate with your insurance company by attending appropriately scheduled exams, the insurance company must comply with certain legal requirements in scheduling the exams. If you receive a notice for such an exam, immediately notify our office so we can provide legal advice.
What effect does the Verbal Threshold have on my claim?
Substantial. If you chose the Verbal Threshold (also known as Limitation on Lawsuit) option on your automobile policy, you have given up substantial legal rights. If your injuries are not “serious” enough to meet the requirements of the verbal threshold law, there will be no recovery. The defendant’s insurance company will almost always raise the issue of the verbal threshold to either deny the claim or minimize the value of the claim. Consequently, it is important to follow the advice of your treating and consulting physicians and keep all your medical appointments. The doctors will be able to document the seriousness of your injuries and provide us with the medical reports and records to satisfy the verbal threshold requirements. Of course, if your injuries are not substantial, the verbal threshold law will bar recovery.
Can I change my policy from Verbal Threshold to No Threshold?
Yes. As a matter of fact, we urge you to do so. Unfortunately, it will not change the circumstances of the present claim, but you will not be limited in any future claims. It is important to note that your election of the threshold affects not only you, but your spouse and children, as well. Although there will be a slight increase in your premium, it will be more than offset by the significant legal rights you would maintain.
How long will it take to resolve my claim?
There is no set amount of time to resolve a personal injury claim. Keep in mind that we cannot begin to resolve your case until your medical treatment is completed and you are discharged by your doctors. Depending on your injuries, this could be anywhere from six months to a year or more. Consequently, it is important to keep us informed about your medical condition and treatment. Make sure that you let us know when you are discharged from treatment, so we can request your final reports, records and bills and begin settlement negotiations.
If an amicable settlement is not possible, a lawsuit must be filed. The Statute of Limitations requires a lawsuit to be filed within two years of the date of the accident. Thereafter, depending on the county of venue, the lawsuit will usually take at least one year or more to be scheduled for trial. In the meanwhile, discovery is conducted, leading to an arbitration and, if necessary, trial. Nevertheless, a case can and often does resolve prior to trial. As a matter of fact, over 90% of all cases resolve prior to trial.
What should I do if I have a question about my case?
Call this office. If it is a routine question, one of the secretaries, paralegals or support staff can usually answer the question for you. If not, ask to speak with one of the attorneys. If an attorney is not immediately available, leave a message and your call will be returned as soon as possible.