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What is the ability to obtain reimbursement of Medical costs (and deductibles) paid by injury party not at fault in New Jersey?

Cherry Hill, NJ |

I was in an MC accident. The automobile driver who is covered by Allstate was found 100% at fault through admission by Allstate. To date I have already received a check from Allstate for my lost wages. Although my property damage claim is being handled by my insurance, Allstate has stated they will reimburse 100% of the cost to fix my bike to my insurance company. However, to date I have incurred approx. $1500 in medical related expenses (Aetna deductibles, scripts, misc medical supplies) since NJ MC insurance doesn't cover PIP. The Allstate claims rep has stated numerous times that Allstate does not reimburse injured parties for medical expenses in my pariticular case because Allstate won a lawsuit in NJ which has set presentence of having no obligation to reimburse injured parties.

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Attorney answers 6


Best thing to do is ask your attorney. He should know how to recover your expenses.

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.


Never handle a case accident claim yourself, or you will either get #1. no money or #2. a nuisance settlement. Retain a personal injury lawyer and get the compensation to which you are entitled.

Only 29% Contingency Fee! Phone: 215-510-6755


Talk with a local attorney, many offer free consolations.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


There are very few situations in which you should represent yourself in any auto accident. Further, there are almost no situations that I can think of that would not warrant a consultation with an experienced auto accident attorney, since those consultations are almost always free. I would also hesitate to have any trust in the All State rep

Each case is fact senstive, 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.


Retain an attorney. In Werner v. Latham, 332 N.J. Super. 76 (App. Div. 2000), the court held that the New Jersey collateral source rule, N.J. Stat. Ann. § 2A:15-97, did not act act as a complete bar to recovering medical costs paid by a health insurance carrier in circumstances where the plaintiff was injured while operating his motorcycle. The Werner court addressed when the health insurance carrier would have the right to seek reimbursement from the plaintiff or pursue a claim against the tortfeasor (the party who caused the accident).

I have an office in Cherry Hill, and can speak with you in more detail regarding your rights.

Legal disclaimer: The statement above is general information and not intended to be a legal opinion to be followed. The person requesting information and all others reading the answer should retain an attorney before making a decision. The information provided does not create an attorney-client relationship. Contact our office to obtain specific legal advice at (215) 702-2708 for Pennsylvania or New Jersey matters.


If you have an attorney I would recommend you bring your concerns to him or her. If you don't have an attorney, then you should hire one immediately.