Legal Question in Personal Injury in New Jersey

My 15 year old son was hit by a vehicle while he was on his bicycle. I have a $1,000 deductible thru PIP and limited tort. This was clearly the drivers fault. Better yet, she left the scene of the accident. Why am I stuck with the $1000 deductible out of my pocket? What are my rights?

Asked on 6/13/13, 9:34 am

4 Answers from Attorneys

Drew Quinones Drew Quinones, P.C.

Call me to discuss.


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Answered on 6/13/13, 9:37 am
John Ducey Law Offices of John G. Ducey, PC

It is because we have no fault insurance here in NJ. In exchange for getting our bills paid quickly by our own auto insurance company it was agreed that everyone would have at least a deductible of $250 and also a co-pay of 20% of the first $5000 in bills. You must have chosen a higher deductible $1000. You will be responsible for the deductible and the 20% of the first $5000 of bills.

Your son can sue for pain and suffering however as long as he has some type of permanent injury. Call to discuss that option if you wish.

John Ducey


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Answered on 6/13/13, 9:52 am
Stuart DiMartini Law Offices of Stuart DiMartini

The way to cover out-of-pocket expenses is directly against the tortfeasor, assuming your son has serious injuries that would meet the threshold.

Law Offices of Stuart DiMartini

2500 Plaza 5, 25th Floor

Jersey City, NJ 07311


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Answered on 6/13/13, 10:08 am
Michael Zerres Blume Donnelly Fried Forte Zerres & Molinari

I was sorry to hear that your son was injured. I hope he is doing well and recovering. Unfortunately, PIP deductibles are usually relatively written in stone. However, if the grounds for civil litigation exist a claim can be made surrounding your son's injuries as well as your out of pocket expenses for his care. This firm has handled thousands of such claims. Please feel free to call me or one of my partners to discuss your potential claim. We will assist you in whatever way we can.

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Answered on 6/14/13, 11:13 am

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