If you’re struck by a car as a pedestrian in New Jersey or New York, you can seek compensation for your injuries through either an auto insurance claim or a personal injury lawsuit. While these recovery options aren’t mutually exclusive, the types of compensation you receive from each could depend on the circumstances of your case.
Filing an Insurance Claim for a Pedestrian Accident
After a pedestrian accident, your first course of recovery for your injuries is often to file an auto insurance claim. The personal injury protection (PIP) insurance policy you file your claim with is different in each state.
If you’re hit by a vehicle in New York, you file your insurance claims with the PIP insurance of the driver who struck you. However, in New Jersey, the PIP insurance policy you file your claim with depends on the type of vehicle that struck you. New Jersey splits vehicles into two groups for insurance purposes: automobiles and motor vehicles.
Automobiles include most passenger vehicles used as personal vehicles, including sedans, SUVs, and pickup trucks. If you’re struck by an automobile, you file a PIP claim with your own insurance.
Motor vehicles include commercial vehicles, motorcycles, electric bikes, and other vehicles not included in the state’s definition of an automobile. If you’re struck by a motor vehicle, you file your PIP claim with the at-fault driver’s insurance.
Additionally, if you are in a situation where you should file with your own insurance in New Jersey but don’t have insurance, you may be eligible to file an unsatisfied claim through the state.
The compensation you can receive through a PIP claim covers your medical expenses and lost wages up to the policy’s limit. You cannot recover compensation for pain and suffering through a PIP claim.
Filing a Personal Injury Lawsuit for a Pedestrian Accident
The other option for seeking compensation after a pedestrian accident is to file a personal injury lawsuit against the at-fault driver. In some cases, you may be entitled to file a lawsuit against the at-fault party.
If you’re an injured pedestrian in New Jersey and you have auto insurance, if you chose “no limitation on the lawsuit,” you cannot sue the negligent driver for pain and suffering or other intangible losses unless your injuries include dismemberment, displaced fractures, loss of a fetus, permanent injury, significant disfigurement or scarring, or death. You can, in any case, sue the driver for any medical expenses, lost wages, or other expenses related to the accident that your PIP doesn’t cover.
If you’re an injured pedestrian in New York, you can sue the at-fault driver for pain and suffering and other intangible losses from your injuries if they include dismemberment, fractures, loss of a fetus, significant disfigurement, permanent loss of use of or permanent limitation of a body member, function, system, or organ, or an injury that prevents you from returning to your usual daily activities for 90 of the 180 days following the accident. As in New Jersey, if your PIP coverage is insufficient to pay for your medical expenses, lost wages, and other expenses, you can sue the at-fault driver for the overage.
Depending on the state where the accident occurred, you have a different amount of time to file your personal injury lawsuit. Under New Jersey law, victims have two years to file their lawsuits against the at-fault party, while under New York law, victims have three years.
Contact Our Pedestrian Accident Lawyers
If you were hit by a car as a pedestrian in NJ or NY, contact Nagel Rice, LLP, for a free consultation with an experienced pedestrian accident lawyer. We’ll review your case and help you determine the best way to seek the compensation you deserve.