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Can I File a Personal Injury Lawsuit After Being Compensated Through PIP?

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A person holding a pen is reviewing a document titled "Personal Injury Law" on a clipboard. In the background, the corner of a keyboard and a pair of glasses are visible on a white desk.

If you sustained injuries or damages in a car accident it is important to understand your legal rights and options concerning recovering compensation. Even if you were compensated for your medical expenses through PIP insurance, you may still be able to file a personal injury lawsuit against the negligent party. Work with a New Jersey auto accident lawyer for skilled advice and legal representation.

What is PIP?

PIP (Personal Injury Protection) is a form of no-fault insurance that drivers can turn to after being involved in an auto accident. New Jersey is a no-fault state when it comes to car accidents, which means that after a collision each driver will first be required to file a claim with their own insurance for compensation and damages. Because NJ is a no-fault state, every driver must carry the minimum amount of PIP: $15,000 per person per accident.

Can I File a Personal Injury Lawsuit After Being Compensated Through PIP?

Many drivers might assume that after filing a claim with their own insurance company they waive their right to file an injury lawsuit. However, that is not the case. If you filed a claim against the liable driver’s insurance and accepted a settlement, you would sign away your right to pursue further legal action. This does not apply when your original claim is with your own PIP insurance.

PIP only covers economic losses associated with your injuries. A claim can cover doctor visits, surgeries, medication, rehabilitation, lost wages, the cost of hiring at-home help, etc. However, coverage for noneconomic expenses or losses not related to your injury are not eligible for coverage. In addition, you may not have enough coverage for the total cost of your expenses. If your PIP does not cover all of your medical expenses or you need compensation for additional losses, you can file a personal injury lawsuit.

As long as the other driver in the accident was responsible for the crash, you can hold them accountable by filing a lawsuit against them. A personal injury lawsuit can yield compensation for medical expenses but also vehicle or property damage, physical pain, suffering, emotional distress, loss of enjoyment of life, and more. Because PIP does not cover these extra expenses, a lawsuit may be the best option for you.

How Can I File a Personal Injury Lawsuit?

If you collected PIP insurance but require additional compensation, seek legal advice from a skilled attorney. With the help of your lawyer, you can gather and organize evidence of how the defendant was liable in the accident. Establishing their negligence and liability is essential in collecting compensation.

It is important to keep in mind that if you are awarded compensation for medical expenses that were already covered under PIP, you may be required to refund the money to your insurance provider. You cannot be compensated twice for the same expenses. For more information and legal advice contact an experienced attorney at Rubenstein, Berliner & Shinrod, LLC.

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