Motor Vehicle Accidents
Bergen County, Essex County, Middlesex County, Morris County, Passaic County, Union County Motor Vehicle Accident Lawyers
Motor vehicle accidents can take many forms and can involve cars, taxicabs, UBER and LYFT vehicles, trucks, motorcycles, buses, pedestrians, bicycles, other commercial vehicles such as construction machinery, and other common carriers and commercial carriers such as AMTRAK and NJ Transit trains, airlines and planes. When an accident caused by another person’s negligence results in serious injury or death, injured parties and their spouses and in some cases families can seek compensation for their medical bills, lost income, any other economic damages such as property damage or lost opportunity, pain and suffering, loss of enjoyment of life, and other damages.
If you or a loved one was injured in a motorized vehicle or plane accident, talking to a personal injury lawyer is an important first step in determining what to do next. Our firm has extensive experience with New Jersey motor vehicle accident cases, and we have the knowledge to advise you regarding your options for moving forward.
Further, you are probably also entitled to a wide variety of insurance benefits of which you may not even be aware to assist paying your medical bills and/or wage loss. We can help you identify that coverage and assist you obtain all the insurance benefits that you are entitled to receive.
If you were injured in a motor vehicle accident you are probably entitled to automobile insurance Personal Injury Protection (PIP) benefits. PIP coverage is mandatory coverage and all policies of automobile insurance issued in the state of New Jersey have PIP coverage. They are also payable regardless of fault. Therefore, an automobile accident victim almost always has PIP coverage to pay for medical treatment for the accident.
PIP automobile insurance includes coverage for all reasonable and necessary medical treatment related to the accident. PIP benefits are available regardless of fault. In other words, whether the accident was all your fault or all the other driver’s fault you have PIP coverage to pay your medical bills.
PIP medical expense benefits is great coverage since medical necessity controls the obligation of the automobile insurer to pay the bills. The injured personal has no obligation to authorize the medical care or treatment, and the automobile insurer is not permitted to decide what treatment you can obtain and what bills they pay.
The injured person also has no obligation to obtain a medical referral or or to treat within any network. Rather, the injured person has the right and freedom of choice to go to any doctor.
PIP medical expense coverage is also very broad and comprehensive coverage that pays for bills arising from any medically necessary treatment related to the accident. This includes treatment with a dentist, chiropractor, psychologist, or any other type of doctor (MD or DO), treatment consisting of physical therapy, acupuncture or received at hospital or ambulatory care facility (surgery center, MRI or diagnostic imaging center) or diagnostic testing. It also includes coverage for prescription drugs and medication, and to obtain durable medical goods such as braces. It may even include transportation costs to medically reasonable and necessary treatment.
Automobile insurance PIP benefits also include income continuation benefits a weekly cash benefit if an automobile accident victim has no temporary disability insurance, or exhausts temporary disability benefits that normally only last six (6) months.
PIP benefits also include essential services benefits an amount of money per day to pay for services such as in home care. If there is someone who has to clean, cook, shop or take care or home maintenance this benefit may be available to reimburse a portion of the cost.
In the case of death, PIP benefits a funeral benefit to pay for a burial and cash death benefit. The entitlement to these benefits are regardless of fault.
New Jersey law affords a remedy if the automobile insurance company fails to pay a benefit. The insured is permitted to file an arbitration with Forthright. If the insured prevails, the automobile insurer must not only pay the bill or benefit at issue, but also must pay the insured’s attorney fees and costs for having to retain an attorney to pursue the payment of the benefits. We at Sheffet & Dvorin, PC have been filing PIP arbitrations dating back almost twenty-five (25) years, before Forthright and their two predecessors, the National Arbitration Forum (NAF) and the American Arbitration Association (AAA) We have successfully represented individuals and health care providers in hundreds upon hundreds of PIP arbitration claims. We pride ourselves on using this valuable tool to ensure that our clients obtain all the medically reasonable and necessary treatment they need, and that all their injuries are fully diagnosed and addressed.
Automobile insurance coverage also has mandatory Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. This cover protects insureds who are in accidents caused by drivers who are operating motor vehicles without insurance coverage or who flee the accident scene. Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage protects individuals if they are in an accident caused by someone with little (UIM) or no insurance coverage (UM). Unfortunately, New Jersey law permits people to driver with Basic or Special automobile insurance policies that afford little to no liability insurance coverage resulting in there not being any money available to pay the injured party’s economic or non-economic damages. In such cases the insured can file a UM or UIM claim against its own automobile insurer who steps into the shoes of the person who was negligent and caused the accident. This permits the injured party to obtain compensation for their losses. We at Sheffet & Dvorin, PC have represented many individuals in UM and UIM claims against their automobile insurers.
People sustaining injury who become disabled and were employed at the time of the accident usually are entitled to receive temporary disability benefits (TDB) through a private insurance plan or New Jersey state temporary disability benefits in an amount equal to forty percent (40%) of their gross income at the time of the accident. They are also sometimes covered under long term disability (LTD) plans if they are unable to return to work. This is particularly true when the injuries are related to a motor vehicle accident. Automobile accident victims typically need help identifying this coverage, and filing and navigating these claims. We at Sheffet & Dvorin, PC address all the needs of our clients and provide legal counsel and assistance filing temporary and long-term disability claims.
An individual sustaining personal injury who has Medicaid or Medicare also has coverage to pay for their medical treatment regardless of the type of accident. Therefore, these benefits are available to recipient who is injured in car accidents. Receipt of these state and federal benefits creates many issues in connection with receipt of benefits for a personal injury. Failure to ascertain a Medicaid and/or Medicare lien prior to receipt of compensation and failure to pay off the lien may result in loss of coverage with catastrophic results. Receipt of compensation may create ineligibility for Medicaid and other state benefits something that may be avoided through the creation of a Special Needs Trust. We at Sheffet & Dvorin, PC have a holistic approach to handling automobile accident cases and also assist our clients with issues related to Medicaid and Medicare to avoid unintended consequences.
A person sustaining an injury also needs an experienced attorney to assist in navigating the complicated insurance issues that almost always impact an individual injured in a car accident and ensuring that the automobile accident victim obtains all insurance benefits available.
Were You Or A Loved One Involved In A Car, Truck Or Motorcycle Accident?
The attorneys of Sheffet & Dvorin, PC, represent and advise injured people and their families in motor vehicle accident cases of all kinds. We help clients whose injuries involve:
- Motor vehicle accidents involving cars, trucks, motorcycles, trains and buses
- Accidents with a motor vehicle or while a pedestrian or riding a bicycle
- Bus Accidents and Train Accidents
- Airplane accidents including those involving falling luggage
- Distracted driving — texting, talking or accessing the Internet on a cellular telephone or mobile device
- Trucks and commercial vehicles
- Speeding, reckless driving and moving violations that cause accidents
- Drunk driving
- A hit-and-run or a phantom vehicle
- Wrongful death
- Crashes on bridges and in tunnels
- Defective automotive products and damaged roads
- The need for help with Personal Injury Protection (PIP) claims
Contact a Bergen County, Essex County, Middlesex County, Morris County, Passaic County, Union County Motor Vehicle Accident Lawyer for a Free Consultation
The Bergen County, Essex County, Middlesex County, Morris County, Passaic County and Union County personal injury attorneys of Sheffet & Dvorin, PC will answer your questions and help you determine whether to file a personal injury or wrongful death claim, and determine what insurance benefits are available to obtain compensation. The firm will also help you determine whether it is necessary to file a Personal Injury Protection (PIP), uninsured motorist (UM) or underinsured motorist (UIM) claim against your automobile insurer. The firm offers free consultations to injured clients and their families. We will come to your home, office or hospital room if necessary. Contact us to learn more.