Medical Insurance for Pedestrians
If you are a pedestrian struck by a motor vehicle your medical bills are paid by the insurance company that covers your car. Most people assume that the medical bills get paid by the insurance company covering the vehicle that struck you. Not true. Under New Jersey automobile statutes, a pedestrian who is a named insured or a resident family member of the named insured is entitled to medical coverage, through their own PIP carrier.
According to N.J. law, a pedestrian is someone not in a motor vehicle at the time of impact. The definition of pedestrian has also been extended by N.J. State statutes. While most people believe that the definition only includes people injured while crossing a street. The law was amended and now includes any person injured while entering into or alighting from a motor vehicle.
Under the present statute, your medical bills can be paid for by your PIP insurance carrier if you get hurt while getting into or getting out of your car. Recently, one of clients was injured when she stopped to get gas. As the attendant was filling her gas tank she decided to get a cup of coffee in the attached mini-mart. While the client was getting out of her car she slipped and fell on black ice. Since she was “alighting” from her motor vehicle and PIP was required to pay her medical bills.
Another client lived in an apartment complex. He was walking to his car parked in a lot. As soon as he got to his car he fell while entering the car. The apartment complex failed to salt the lot. The client fell as a result of the ice in the parking lot. Likewise, his medical bills were covered under his PIP policy.
The definition most lay people assign to words is markedly different then the definition the law gives to these same words. This is why it is so important to seek the counsel of an experienced personal injury lawyer if you sustained an injury in an accident.
The Law Offices of Anthony Carbone has been handling injury cases for over 25 years. We have been named a Super Lawyer by SuperLawyers.com and most recently have been selected into the National Trial Lawyers’ Top 100 Trial Lawyers for 2014. Let us put our experience and knowledge to work for you. Contact us today.