Questions & Answers
Who should I speak to about my case?
Only your lawyers, their office staff and
your treating doctors. After the initial report
to your insurance company, any requests for
a tape-recorded or signed statement should
be referred to us for consideration. Although
it is okay to allow the other person’s
insurance company to appraise any property
damage, NEVER speak to them about how the accident
happened or about your injuries. SIGNIFICANT
LEGAL RIGHTS MAY BE COMPROMISED BY MAKING STATEMENTS
TO THE WRONG PERSON. Of course, do not sign
any releases, agreements or other documents
without first consulting with us.
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How do I get my car repaired?
If you have collision coverage, you should
contact your own automobile insurance company
to arrange for an appraisal. Your insurance
company will pay for the damage to your car,
less any deductible. After your insurance company
recovers its money from the other person’s
insurance company, you will be reimbursed for
all or part of the deductible.
If you do not have collision coverage, you
should obtain a written estimate from a licensed
auto body shop, even if your damage is a total
loss. Send the estimate to our office and we
will forward it to the other person’s
insurance company. If the car is incurring
storage charges, you should make arrangements
to either repair or dispose of the vehicle
as soon as possible.
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Should I take photographs of the car?
Yes. Whether you have collision coverage or
not, take photographs of the car and send them
to our office. Good quality photographs can
be obtained with a disposable 35 mm. camera.
Take photos of the entire car from all angles,
even areas that were not damaged, including
the interior.
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Can I get a rental car while my car is being
repaired?
If you have rental reimbursement included
in your automobile policy, you will be covered
up to the limits of the policy. Typically,
it will be $15-25 per day up to a maximum of
30 days, but the amount of coverage should
be confirmed with your insurance company.
If you do not have rental reimbursement on
your policy, we can make a claim for reimbursement
against the other person’s insurance
company. However, you will be required to pay
for the rental first, typically on a credit
card, then the bill can be submitted for reimbursement.
Also, you will be limited to a “reasonable” daily
rate for a “reasonable” period
of time, depending on the circumstances.
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What should I do if I am unable to work due
to my injuries?
You may be entitled to New Jersey Temporary
Disability Benefits. An application for these
benefits can be obtained from your local unemployment
office. The form will have to be completed
by you, your treating doctor and your employer.
You will then receive a determination of benefits
letter from the State, explaining what benefits,
if any, you are entitled to receive. Some employers
and unions have a private plan in lieu of State
disability. In those situations, your application
will be processed by the appropriate office.
If it is determined that you are not eligible
for State disability benefits, or the benefits
are exhausted, or if the weekly benefits are
less than No-Fault Benefits available to you,
a claim for Income Continuation Benefits (ICB)
should be made with your automobile insurance
company under your Personal Injury Protection
(PIP) coverage. The amount of benefits you
may be entitled to will be determined by the
level of ICB purchased in the insurance policy.
Copies of any and all letters, forms, check
stubs, copies of checks, etc. should be sent
to our office so an accurate record of your
wage loss can be maintained in our file. Any
difference between the benefits you receive
and your usual net earnings will be made a
part of your claim/lawsuit.
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What should I do with any bills, letters,
forms, receipts, or other mail I receive in
connection with my accident and/or injuries?
Send either originals (after making copies
for yourself) or legible copies to our office.
If an application or form requires your signature,
complete and sign the document in all places
indicated and send it to our office for review.
If necessary, we will forward it to the appropriate
insurance company or office.
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Who is responsible for paying my medical bills?
Under the law in both New Jersey and Pennsylvania,
your own automobile insurance carrier is responsible
for paying your medical bills, regardless of
who is at fault for the accident. If you do
not own an automobile of your own, the potential
source of insurance would be from a resident
relative. If there is no immediate family member
in your household with automobile insurance,
you would be entitled to coverage from the
insurance company for the vehicle you were
traveling in at the time of the accident. In
the event that vehicle was uninsured, then
an application to the New Jersey Unsatisfied
Claim and Judgment Fund Board would have to
be made.
The only time the “other person’s” insurance
company would be responsible for your medical
bills would be if you were a pedestrian and
there were no other sources of insurance available
to you.
In order to initiate your claim, an Application
for Benefits form must be completed for Personal
Injury Protection (PIP) benefits. You must
complete and sign the form in all necessary
places and send it to this office. We will
then review and forward the form to the appropriate
insurance company on your behalf.
Some people choose their health insurance policy to be “primary” for
paying their medical bills in the event of an accident. Should that apply to
you, please be sure to advise all medical providers of this fact and give them
your health insurance information so your bills get submitted to the proper
party for payment Should your health insurance carrier deny payment of any
bills in connection with your accident, those bills can then get submitted
to your automobile carrier under the PIP provisions of your policy.
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Will my medical bills be paid 100%?
No. The New Jersey No-Fault law requires every
policy to have a deductible. The deductibles
range from $250.00 to $2,500.00. Thereafter,
a 20% co-pay will be applied until your medical
expenses reach $5,000.00. At that point, the
insurance company will be responsible for paying
all reasonable and necessary pre-certified
expenses.
If you have any health insurance coverage,
the deductible and co-pay amounts should be
submitted to the carrier for consideration.
Any remaining unpaid amounts will be paid
from the proceeds of any settlement or recovery
obtained on your behalf.
In Pennsylvania, there are no deductibles
or co-pays. However, the limit of medical coverage
for most automobile policyholders is $5,000.00-$10,000.00.
The declaration page of your automobile policy
will provide details of your “first-party
benefits”. Additionally, the Pennsylvania
No-Fault law pays medical expenses in accordance
with “Act 6.” Act 6 pays medical
expenses at the rate of 110% of what Medicare
would charge for the same service up to the
policyholder’s limit of medical coverage,
regardless of what the provider’s actual
charges are. The medical provider must accept
this amount as payment in full and may not
request or demand additional payment from the
patient or the insurance carrier.
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Should I attend medical examinations scheduled
by my insurance company?
Only if we approve. Although you must cooperate
with your insurance company by attending appropriately
scheduled exams, the insurance company must
comply with certain legal requirements in scheduling
the exams. If you receive a notice for such
an exam, immediately notify our office so we
can provide legal advice.
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What effect does the Verbal Threshold have
on my claim?
Substantial. If you chose the Verbal Threshold
(also known as Limitation on Lawsuit) option
on your automobile policy, you have given up
substantial legal rights. If your injuries
are not “serious” enough to meet
the requirements of the verbal threshold law,
there will be no recovery. The defendant’s
insurance company will almost always raise
the issue of the verbal threshold to either
deny the claim or minimize the value of the
claim. Consequently, it is important to follow
the advice of your treating and consulting
physicians and keep all your medical appointments.
The doctors will be able to document the seriousness
of your injuries and provide us with the medical
reports and records to satisfy the verbal threshold
requirements. Of course, if your injuries are
not substantial, the verbal threshold law will
bar recovery.
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Can I change my policy from Verbal Threshold
to Zero Threshold?
Yes. As a matter of fact, we urge you to do
so. Unfortunately, it will not change the circumstances
of the present claim, but you will not be limited
in any future claims. It is important to note
that your election of the threshold affects
not only you, but your spouse and children,
as well. Although there will be a slight increase
in your premium, it will be more than offset
by the significant legal rights you would maintain.
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How long will it take to resolve my claim?
There is no set amount of time to resolve
a personal injury claim. Keep in mind that
we cannot begin to resolve your case until
your medical treatment is completed and you
are discharged by your doctors. Depending on
your injuries, this could be anywhere from
six months to a year or more. Consequently,
it is important to keep us informed about your
medical condition and treatment. Make sure
that you let us know when you are discharged
from treatment, so we can request your final
reports, records and bills and begin settlement
negotiations.
If an amicable settlement is not possible,
a lawsuit must be filed. The Statute of Limitations
requires a lawsuit to be filed within two years
of the date of the accident. Thereafter, depending
on the county of venue, the lawsuit will usually
take at least one year or more to be scheduled
for trial. In the meanwhile, discovery is conducted,
leading to an arbitration and, if necessary,
trial. Nevertheless, a case can and often does
resolve prior to trial. As a matter of fact,
over 90% of all cases resolve prior to trial.
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What should I do if I have a question about
my case?
Call this office. If it is a routine question,
one of the secretaries, paralegals or support
staff can usually answer the question for you.
If not, ask to speak with one of the attorneys.
If an attorney is not immediately available,
leave a message and your call will be returned
as soon as possible.
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