Legal Question in Medical Malpractice in New Jersey

In New Jersey, I was involved in a car accident. The driver was at fault. Subsequently, I was treated at Rutgers University Hospital. I believe there was a case of medical malpractice in the emergency room. Since,I didn't file a claim within 90 days against Rutgers (public entity), I believe the car insurance company will be responsible. However, they only cover about $250000 for hospital. If I win say 1,000,000 in a medical malpractice lawsuit...who will be responsible to pay- the insurance company for 250000 and then the driver must pay the remainder 750000? Since the driver is poor, I don't think he will be able to pay. Would the insurance company be responsible for the full amount. In other words, is the insurance company on the hook for more than the policy? How does this work? Thank you

Asked on 12/18/15, 10:19 am

1 Answer from Attorneys

Michael Zerres Blume Forte Fried Zerres & Molinari

Thank you for your inquiry. If you wish to discuss the potential for a medical negligence claim or a Motor Vehicle accident claim, and what coverage or liens might apply and how, please feel free to contact me or one of my partners at Blume Donnelly. We will assist you in whatever way we can. (973)635-5400

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Answered on 12/22/15, 5:13 am

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