In the United States, each state is given the power to choose what kinds of insurance policies will be available for motorists of all kinds, including cars, trucks, motorcycles, and recreational vehicles such as boats or jetskis.
New Jersey has chosen to employ a “no-fault” insurance policy, meaning anyone involved in a car accident or truck accident will first turn to their own insurance policy for compensation (specifically their Personal Injury Protection policy), regardless of who is at fault for the accident.
However, Personal Injury Protection (PIP) is not available for motorcycle insurance policies in New Jersey, which can greatly complicate how a person injured in a motorcycle accident is able to recover compensation for their injuries, specifically their medical expenses and lost income.
Motorcycle Injury Attorneys Red Bank, NJ
Even though motorcycles provide a number of obvious benefits like maneuverability and cheaper maintenance and fuel costs, they also come with an obviously increased risk of injury. As already noted, motorcycle insurance policies do not provide Personal Injury Protection, meaning that a person injured while riding their motorcycle will need to file a motorcycle accident claim against the driver who caused the accident in order to recover compensation for any damages which their own insurance policy do not cover.
However, depending on whether the motorcyclist chose an “unlimited right to sue” policy, or a “limited right to sue” policy, such a lawsuit may not even be an option. Limited right to sue policies only allow for injury claims to be filed in the case that the injured party suffered dismemberment, disfigurement or scarring, permanent injury, displaced fracture(s), loss of a fetus, or a wrongful death.
Conversely, an unlimited right to sue policy will allow for injured motorcyclists to file a motorcycle injury claim for any damages above and beyond what their own policy covers, given the other driver was responsible (or at least has majority responsibility) for the accident.
Choosing the Right NJ Motorcycle Insurance Policy
Whether or not you chose an unlimited right to sue or a limited right to sue motorcycle insurance policy, it is important to understand that any claim you do file will be against the negligent driver’s insurance policy. This leaves the risk that their insurance policy is also insufficient for covering your damages, as the minimum coverage as mandated by New Jersey is only $15,000. When their coverage is insufficient, or they don’t have insurance at all, it may leave you in a position of waiting for the driver to pay for your damages out of their income or assets, something that can take years, if it happens at all.
This means that rather than relying on other drivers to have sufficient coverage (or even insurance at all), it may be a much more prudent idea to increase your own motorcycle insurance coverage. Not only can increased uninsured/under-insured coverage and additional injury coverage help you in the case of a motorcycle accident, it can also protect you in the case that another driver sues you for their injuries if you were responsible for the accident!
Contact Our Monmouth County Motorcycle Accident Injury Attorneys Today
At The Law Office of Chamlin, Uliano & Walsh, our attorneys have extensive experience helping clients injured in motorcycle accidents to recover full and fair compensation in towns across New Jersey and Monmouth County, including Red Bank, Freehold, Middletown, West Long Branch, Wall, and Howell.
Whether you are seeking compensation from an uninsured/under-insured motorist, through a limited right to sue policy, or an unlimited right to sue policy, our firm is prepared to provide you with the knowledgeable, effective, and attentive legal counsel you and your family need and deserve in such critical matters.
To speak with our legal team today in a free and confidential consultation regarding a motorcycle accident, your options for recovering compensation, and how exactly we can help you to do so, please contact us online, or through our West Long Branch, NJ office at (732) 440-3950.