My husband and daughter were in a car accident in which my car was totaled.Can we sue even If our car insurance doesn't have pip

Asked 12 months ago - Edison, NJ

Lady ran a stop sign and hit our car. My husband went for X-ray which showed bruising and pinched nerves. He still has back pain and we incurred medical costs and suffering. My daughter was an infant.

Attorney answers (11)

  1. Michael B. Fusco

    Contributor Level 8

    4

    Lawyers agree

    1

    Answered . The bar on claims is only if you we're legally obligated to carry PIP but chose not to purchase insurance. As it is a fact intensive inquiry as to insurance coverage, feel free to give me a call to discuss further at 732-494-2727.

  2. Mark Vincent Kuminski

    Contributor Level 7

    4

    Lawyers agree

    1

    Answered . As long as the car that your husband was driving was insured, then he can bring a claim against the other driver for his injuries, even if he did not have PIP coverage on the vehicle. The question of whether or not he can pursue a claim for his outstanding accident related medical bills is more complicated than can be discussed here. I therefore recommend that you speak with a Certified Civil Trial Attorney at your earliest convenience.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Would need to review the insurance coverage.

  4. Jeffrey Mark Adams

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Yes, a lawsuit may be pursued. Presumably and fortunately, you were not injured. Sorry that your husband and daughter were. Immediately have your husband contact local and qualified personal injury litigation counsel. You very well may not be able to represent your daughter. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  5. Yolanda Navarrete

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . They can certainly sue for pain and suffering. As far as PIP I would need to review the insurance policy and all the facts. Be sure to have your husband see a personal injury attorney as soon as possible.

    973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely... more
  6. Michael David Lindner Jr

    Contributor Level 13

    3

    Lawyers agree

    Answered . Unless your car was a commercial vehicle (or insured outside of NJ), I am having trouble figuring out how your car insurance didn't have PIP. But like the other attorneys have said, not having PIP does not impact your right to bring a lawsuit - the right to bring a lawsuit is only impacted if the car was illegally unsinsured. That would require review of your car insurance policy - which is one of the first things that an experienced personal injury attorney will do in any auto case. Contact an attorney in your area. Good luck.

    Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a... more
  7. Anne Marie Breslin

    Contributor Level 11

    3

    Lawyers agree

    Answered . I hope your baby daughter is okay. I'm sorry your husband is having some back problems as a result of the accident.

    If you have insurance but no PIP coverage - because you had a basic policy or a special dollar a day policy, your husband's medical bills may be recoverable from the driver of the other vehicle.

    I suggest you contact an attorney who can assist you and your husband with both the issues relating to your husband's ability have the medical treatment he needs without PIP coverage and to obtain money damages for his injuries.

    This response does not constitute legal advice and does not create an attorney-client relationship. Due to the... more
  8. Christopher Steven Hoffmann

    Contributor Level 14

    4

    Lawyers agree

    Answered . Car accident injury claims for a spouse and child are allowed. As indicated by the other attorneys, there may be issues that need legal consultation and are fact specific to a car. Calling one of them for advice is highly recommended. You have three great options for attorneys.

    24 Hour Attorney Call Center (314) 361-4242 or visit us on the Web at http://www.hoffmannpersonalinjury.com.
  9. Samuel Aaron Coffey

    Contributor Level 10

    4

    Lawyers agree

    Answered . Yes. Whether or not you have PIP does not affect your right to make a claim for personal injury. I would hire a good local attorney that specializes in the area of personal injury law.

    Samuel A. Coffey, Esq. ABRAMOWITZ, POMERANTZ & COFFEY, P.A. Belle Terre of Sunrise, Suite 101 7800 W. Oakland... more
  10. Matthew C Simon

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . I agree with my colleagues. You should be able to file a claim and lawsuit. Get copies of all medical records and bring them to an experienced personal injury attorney in your area. Many attorneys, such as myself, offer free 30 minute consultations. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  11. Tatiana Kadetskaya

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Yes. Get a personal injury lawyer. Here, I Googled one for you with a low 28% fee. www.Personal-Injury-Lawyer-New-Jersey.com so you get the most compensation available.

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