Whenever you sustain injuries and don't retain a personal injury lawyer, you are going to have problems. Without a lawyer, she'll either #1. Get no money or #2. Get a tiny nuisance settlement. Get a personal injury lawyer to obtain the maximum possible compensation.
She should immediately consult with an experienced NJ personal injury attorney before she damages her own claims.
In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.
Without knowing any other facts, my answer is that her situation appears to be that NJ PLIGA would pay. An attorney will request payment from all sources possible because there could be exceptions.
Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
PLIGA benefits have numerous eligibility requirements, but also include a short deadline to notify PLIGA of a potential claim. Typically, in most car accident/pedestrian accidents, you have 2 years to file a claim against the other driver’s car insurance, but with PLIGA the initial notice of claim must be filed with 180 days of the accident, so you need to get to an attorney, discuss the case with that attorney, and have that attorney send in the required notice, assuming one is necessary. There is a very high likelihood that PLIGA will have to pay these bills
Each case is fact sensitive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.
Most likely your girlfriend will have to submit a claim to PLIGA, which must be done, including the completion of PLIGA's own application form, within180 days. The striking driver's insurance will defend any claim your girlfriend may bring for pain and suffering etc. If you have any other questions, feel free to call me at 1-855-Joe-Legal. Good luck!
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