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.
Every situation is different, and good legal advice cannot be given based on a short question without an exploration of all the facts that may bear on your situation. This is not legal advice and no attorney-client relationship has been established.
I concur with my colleagues.
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
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.
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