I was driving out of state in Maryland in January when I was hit buy an insured Maryland driver (rear ended).

Asked over 1 year ago - Willingboro, NJ

I was driving out of state in Maryland in January when I was hit buy an insured Maryland driver (rear ended). Although I was not seriously injured I do have medical bills i can not pay, i have missed work, and I can not continue my PT because my co-pay was too high. Can I for pain and suffering? I have a Maryland lawyer working on my case but he is unable to answer my questions.

Additional information

I have limited lawsuit threshold car insurance in the state of New Jersey.
The other driver was driving on a suspended license, and was charged with leaving the seen of the accident but later charged. The owner of the car has full coverage on her car.

Attorney answers (6)

  1. Jeffrey Ira Schwimmer

    Contributor Level 19

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    Best Answer
    chosen by asker

    Answered . As a NJ resident, and presumably that is where your car was both registered and insured, you should have "no-fault" coverage under your automobile insurance policy and should have made a "no-fault" claim under that policy to obtain and pay for treatment related to the accident, and for lost wages, up to the policy's limits for such coverage. It is not clear that you did that, and also unclear if the MD lawyer has addressed that matter. Doing so would have likely saved you personal liabilty for most, if not all, of the related medical bills. Check with your insurance agent and maybe you should also speak with a NJ attorney, in the hopes that you have not waived your no-fault benefit rights in the event you did not file for the same. Good luck.

  2. Gregory S. Shields

    Contributor Level 11

    3

    Lawyers agree

    Answered . If you have an attorney in MD, you need to direct your questions to him. Your attorney needs to be available to speak with you about your concerns. If he is not, you may consider finding someone who is more responsive. Please remember, however, that you should also be considerate of an attorney's time; that is to say you should not be calling every day for an update or asking the same questions repeatedly. Good luck to you.

    This communication is intended as general information and not specific legal advice, and this communication does... more
  3. Jonathan Seth Corchnoy

    Contributor Level 15

    3

    Lawyers agree

    Answered . I agree with Mr. Schwimmer that if you have NJ insurance, depending on what kind of policy you bought, it will have coverage to pay medical bills. Sometimes it is coordinated with your health insurance and pays for whatever that does not pay. If the Maryland attorney does not know how to address that or will not, then you should get an attorney who can and will do so.

    Although your carrier (if it does business in Maryland) would have to provide at least the state minimum coverage, MD PIP coverage ($2,500.00) is less than NJ state minimum ($15,000.00 for a basic policy). As for the verbal threshold, it may not apply under MD law since that is where the accident happened.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

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    Answered . Your lawyer should be competent to handle this.

  5. Matthew C Simon

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . I agree with my colleagues. This is something that your attorney should discuss with you and handle accordingly.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  6. Michael A Ferrara Jr

    Pro

    Contributor Level 13

    Answered . If your Maryland lawyer can't answer your questions find someone who can

    Please note that these answers are provided as a community service and are not meant to create an attorney-client... more

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