Personal Injury question. I had a limited "PIP" policy. I underwent an "MUA" and have over 40,000 outstanding in medical bill

Asked 11 months ago - Clifton, NJ

in medical bills. I also have the "Limitation" option. My lawyer says that if we go to trial, I have to overcome the "limitation" before I can get any money. Is this true? Can I simply sue for the unpaid bills? I don't want to file for bankruptcy!

Attorney answers (6)

  1. Francis M Smith

    Pro

    Contributor Level 14

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    Answered . Your lawyer is right- you have to prove a permanent injury: you can only get to court to prove this with a certification from your treating doctor that your injuries are permanent based on objective testing like an MRI. That just gets you to court- then if you are trying the case you have to convince the jury. If you are a nice credible witness and there was significant damage done to the cars in the accident, you have a fighting chance to get NON-ECONOMIC damages like for pain and suffering and loss of quality of life. The ECONOMIC damages is a different story. There is no real answer to your question, the lower Courts are holding both ways and under the Wise and Kim decisions can hold either way, it depends on the judge and county you're in. To say the least the law is unclear on unpaid medical bills over your low PIP limit. It will take all the persuasive skills of your attorney and a right-thinking judge to say yes you can recover those medical expenses. If your attorney is in touch with (a member of) NJAJ, there is a lot of talk about this issue (he/she probably is), there are resources to help with briefs on the issue to help. He/she can contact HQ in Trenton to join if not a member. Hope this helps. Good luck! You deserve at least your medical bills back as economic damages.

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  2. Tatiana Kadetskaya

    Contributor Level 19

    11

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    Answered . Your lawyer is correct.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . True

  4. Samuel Cohen

    Contributor Level 20

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    Answered . I concur with my colleagues.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  5. Steven Paul Lombardi

    Contributor Level 6

    2

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    Answered . You may also seek to try to raise your PIP Limits, we have been successful in getting the limits raised to the maximum limit of $250,000 on Standard policies due to the insurance carriers failing to have the required executed Coverage Forms. If you signed up on line or over the phone it is doubtful that you also executed the correct forms afterwards and sent them back to the PIP insurer. Also if your injury is severe enough and falls into certain categories, such as spinal chord injuries, you may also be able to raise the PIP limits based on the policy language.

  6. Maryam Parman

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . You need to show the medical treatment you received was reasonable and necessary. Then, you should be able to recover the 40K in outstanding bills. Good luck

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