Key Takeaways
- More than one type of insurance can apply after a pedestrian is hit by a car in New Jersey.
- No-fault PIP benefits usually pay medical bills first, regardless of who caused the crash.
- A claim against the driver’s liability insurance may be available for serious injuries.
- Uninsured or underinsured motorist coverage can help when the driver lacks enough insurance.
Yes, car insurance can cover pedestrians hit by a vehicle in New Jersey, although the source of that coverage depends on the accident. No-fault personal injury protection (PIP) benefits often pay first, but the driver’s liability insurance and uninsured motorist coverage may also come into play depending on the severity of the injuries.
What Types of Insurance Can Apply After a Pedestrian Accident?
A pedestrian hit by a car in New Jersey may have access to more than one type of coverage, depending on the facts of the car accident and who was involved. Common sources include:
- Personal injury protection (PIP), which pays medical bills and lost wages regardless of fault
- The driver’s liability insurance, which may cover damages if the driver was negligent
- Uninsured or underinsured motorist (UM/UIM) coverage, which can apply when the driver has little or no insurance
- New Jersey’s Unsatisfied Claim and Judgment Fund, for pedestrians with no other coverage options
Because these coverages work differently and sometimes overlap, and because insurers do not always agree on which policy is responsible, New Jersey pedestrian accident lawyers often review a case closely to determine which policies apply and in what order they pay. Insurance companies may try to pass liability to one another, making a pedestrian accident case even more complicated.
How Does New Jersey’s No-Fault PIP System Help Injured Pedestrians?
New Jersey law requires every auto insurance policy to include PIP benefits, and this coverage extends to pedestrians as well as drivers and passengers. PIP pays for reasonable and necessary medical treatment and a portion of lost wages regardless of who caused the crash, based on the personal injury protection coverage requirements under New Jersey law.
This benefit typically comes from the pedestrian’s own policy, or a household relative’s policy if the pedestrian does not own a car. PIP has policy limits, starting at $15,000 per person and reaching up to $250,000, and it does not cover pain and suffering or other non-economic losses, which is why other coverage often needs to be considered alongside it.
Can You File a Claim Against the At-Fault Driver’s Insurance?
When PIP benefits do not cover the full cost of an injury, or when the injury is serious, a pedestrian may be able to file a claim against the driver’s liability insurance instead. Unlike PIP, a liability claim requires showing the driver acted negligently, such as by speeding, running a red light, texting while driving, or failing to yield at a crosswalk. A successful liability claim can recover types of damages that PIP does not cover, including:
- Pain and suffering
- Emotional distress
- Lost future earning capacity
- Disfigurement or permanent injury
If the driver has too little insurance to cover these damages, UM/UIM coverage through the pedestrian’s own policy, or a household member’s policy, may fill the gap and provide additional compensation.
Frequently Asked Questions
Do I have to choose between PIP and a liability claim?
No. PIP typically pays first, and a liability claim can address costs and damages that PIP does not cover.
What if the driver who hit me did not have insurance?
UM/UIM coverage or New Jersey’s Unsatisfied Claim and Judgment Fund may still provide compensation.
How long do I have to file a claim after being hit as a pedestrian?
Most personal injury claims in New Jersey must be filed within two years of the accident date.
New Jersey Pedestrian Accident Lawyers at Morello Law Firm Can Guide You Regarding Insurance Coverage
The New Jersey pedestrian accident lawyers at Morello Law Firm can help you ascertain insurance coverage and prove fault in your case when necessary.
Our experienced legal team will guide you through the process. Call us at 609-365-0331 or contact us online to schedule a free consultation. Located in Manahawkin and Toms River, NJ, we serve clients across the state.