Personal Injury Law FAQ
Auto Accident Personal Injury Law FAQ
- Have you or a loved one been injured in an auto accident?
- Have you lost a loved one in an accident?
- Have you been bitten by a dog and have serious injuries?
- Is the auto insurance company not paying you what you deserve?
If you’ve been hurt because of someone else’s negligence, you need our help. Our knowledge of personal injury law helps you with the many and complicated issues you are faced with during this difficult time.
We explain and defend your rights so that you receive the compensation that you deserve.
What are the types of claims in an automobile accident?
There are basically TWO types of claims.
The FIRST is a NO-FAULT CLAIM which is made against one’s own insurance and NOT against the insurance of the other automobile.
These benefits are paid regardless of who is at fault and that is why they are called NO-FAULT benefits or PIP (Personal Injury Protection) benefits. They consist of the following:
- Medical and hospital expenses, usually the ones that are not covered by one’s own hospitalization, plus mileage for transportation to get medical treatment.
- Loss of income or lost wages in the amount of 85% of one’s gross wages, but only for a 3-year period. The 15% discount is intended to cover what one’s paycheck would be reduced by for taxes.
- Reimbursement for lost services that have to be performed by someone else; such as babysitter, housekeeping expenses, lawn mowing, house maintenance, etc.
- Rehabilitation and home care expense.
What if I was not at fault for the automobile accident and someone else was at fault?
If the other party is at fault in the accident, there are additional further FAULT claims that can be made against the other party, which will be paid by his/her automobile insurance. These benefits are as follows:
A. Compensation for pain and suffering
B. Lost income in addition to what is not covered by No-Fault, such as beyond three years.
C. Lost society and companionship, especially to the survivors if there is a death.
D. Benefits to the spouse of the injured party, known as loss of consortium for the loss of the spouse services.
In the event you are riding a motorcycle, then the No-Fault benefits are paid by the other car, and it is an exception to the general situation.
The above is a very brief explanation of the claims that can be made in an automobile accident, but there are variations and exceptions to the rules as to what is paid and who pays it, which can only be properly analyzed by a lawyer.
However, this explanation is given to you, since it offers some clarification and especially since it is often confusing as to why one’s own automobile insurance pays the No-Fault benefits.