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Question
I WAS RUN OVER LAST SEPTEMBER 2009. BROKEN BACK ,PELVIC,FRACTURED ARE. GIRL HAD BASIC LIAIBILTY IN NY. MY POLICY IS WRITTEN FOR PIP 10.000 PER ACCIDENT. NO FAULT PAYING EXPENSES FOR INJURY AND TREATMENT. CAN I SUE MY COMPANY UNDER THE PIP COVERAGE FOR THE 10.000
Hello Diane,
Well, most likely not, however, you really need to talk to a NJ attorney. Most states will simply rule that you were compensated for your damages and thus, no loss to you existed. See, if the PIP pays, the PIP has rights of subrogation (in most states - which is why you need to check) against the party who hit you.
However, subrogation requires payment and since they did not pay, they may be off the hook. Please see: http://www.auto-insurance-claim-advice.com/Subrogation-of-Rights.html
I hope this helps,
Talk to a lawyer
Good Luck
Anne
http://www.quirogalawoffice.com/
http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html
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Answers by Expert:
Anne
Expertise
Auto insurance claims regarding vehicle accidents, insurance coverages, auto policies, bodily injury claims, pain and suffering, injury settlements and negotiations.
Experience
I am an adjuster for injury claims and property damage claims for over 5 years (still working there). I have worked for personal injury attorneys helping consumers get a fair treatment and I am passionate to help others with their vehicle accidents.
Education/Credentials
B.A. Economics/ Political Science
Awards and Honors
I was the top settling claims adjuster at the Insurance Company that I worked for.
I am the co writer of http://www.auto-insurance-claim-advice.com a website dedicated to help consumers document their auto claims and navigate the complex claim process.
Past/Present Clients
I work with injury lawyers working on high dollar settlements and jury awards for pain and suffering see: Spokane Law Office.
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