Auto Injury/No-Fault

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The principle behind this law was to ensure that individuals who were injured as a result of an automobile accident were provided certain benefits regardless of fault.  These benefits are known as personal injury protection (PIP) benefits and are available to every injured individual involved in an automobile accident regardless of who was responsible or negligent for the collision.  It is important to also remember that individuals who have been seriously injured as a result of another’s negligence still have other rights available to them.  This is known as a tort liability claim which involves a claim for being compensated for the injuries that are the result of someone else being negligent in causing the accident.

 

What are the basic No-fault (PIP) benefits available?

There are 4 general types of benefits available under the no-fault law which provides personal injury protection (PIP) benefits.  Those basic benefits are:

  1. Medical benefits.  The automobile insurance company is required to pay “all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person’s care, recovery or rehabilitation”.  These benefits include the medical expenses that are connect to the injuries that you sustained from an automobile accident.
  2. Wage loss benefits.  The automobile insurance company is also required to pay for wage loss benefits that you incur because you cannot work as a result of the injuries sustained from the accident (that benefit is payable for a maximum of 3 years).
  3. Replacement service benefits.  The automobile insurance company is responsible to pay a benefit called “replacement services”.
  4. Survivor’s loss benefits.  The automobile insurance company is responsible to pay what is known as “survivor’s loss benefits” when someone dies as a result of an auto accident.  This benefit is also payable for a maximum of 3 years.

Other claims available to an injured person (tort liability).

In addition to the automobile No-Fault benefits, there is a 1 year notice rule which requires one to provide adequate notice of this claim to the appropriate automobile insurance company.  That 1 year notice begins from the date of the accident.

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