After a single car accident in nj can i sue my own car insurance and or would i be covered under workers compensation

Asked 6 months ago - Williamstown, NJ

i was on my way to work while driving on this road which was covered with snow and ice and slush. as i was driving on road the road had a bend on it. as i was going around bend my vehicle slid into a steel crash post with a mail box on it. i hit the crash post head on.causing major damage to my the front of my car and causing me lots of lower back pain.

Attorney answers (8)

  1. Michael David Lindner Jr

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . No coverage under workers compensation, and you can't sue your own insurance company other than for payment of medical bills if they fail to pay those bills

    Each case is fact sensitive, so all answers should be viewed as general advice only, and should never replace a... more
  2. John Robert Gorman

    Contributor Level 10

    2

    Lawyers agree

    Answered . I am sorry to hear about your accident.
    Unless you were travelling from a prior work-related appojntment to another work-related appointment, you are not eligible for worker's comp. Unless you have 1)a "special" auto policy (for Medicaid-eligible drivers); or 2)chose your non-Medicare or non-Medicaid health insurance as primarily responsible for your accident-related medical bills, your own auto carrier is responsible to pay your accident-related medical bills, subject to the deductible that your chose and a 20% co-payment above that deductible and below the first $5,000 in medical bills. Have you reported the accident to your insurance company? When you do, advise it that you were injured and it will give you a PIP claim number that medical providers will use to get their bills paid. Make sure that the medical providers follow the auto carrier's "decision point review" plan so that they do not get assessed a penalty. Your liability coverage will pay for the property damage that you caused, and your collision coverage (assuming that you have it on your auto policy) will pay for the damage to your car, subject to the deductible that you chose.
    Good luck.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . No..............and.................no.

  4. Michael L Pescatore

    Contributor Level 14

    2

    Lawyers agree

    Answered . No coverage under work comp unless you were coming from a prior work-related task to another work-related job ("in the course of employment" is the standard). Your insurance company will pay your medical bills subject to your deductible and co-pay......

    Do NOT rely on this answer as the information provided here is not legal advice nor is it a substitute for legal... more
  5. Michael T Warshaw

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Your only recourse is to the PIP aspects of your personal auto policy and the property damage/collision coverage of the same policy. Going to work on a public road is not covered by workers' comp in NJ. If you have difficulty with your insurance company, you should immediately contact an attorney who is familair with PIP and collision coverage. Good Luck.

    The content of the this submission is intended to provide general information on the topic presented, and is... more
  6. Richard P. Console

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . In a single vehicle crash, as the driver who lost control of the vehicle due to icy conditions, you would be unable to bring a bodily injury claim against your own insurance carrier. You could bring a PIP claim to get your medical bills paid because PIP provides coverage regardless of the cause of the accident. You could potentially bring a workers compensation claim, but you would need to consult with a worker's compensation attorney as this is a very fact specific determination based on the analysis of many factors.

  7. Valerie Floyd Portner

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . If the accident occurred in Maryland it would fall under our workers compensation going and coming rule.as such ,there could be no comp recovery. Perhaps you have medical payment coverage under your own policy and could receive money for medical expenses there. Interestingly enough,i saw a similar fact pattern for a Maryland Korean speaking accident client recently.We were able to get his medicals paid under PIP.

  8. James S Taylor

    Contributor Level 4

    Answered . Sorry to hear about your accident. Workmans compensation would not apply since you were not working at the time of your crash . Everything would need to go through your auto insurance. Hopefully you have sufficient collision coverage to pay for your repairs. Reviewing your policy will help answer this. Call me if you need help.

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