One of the most frequent questions we are asked by our clients in motor vehicle cases, is "Why does my insurance company have to pay my medical bills?" In this regard, clients are generally upset by the fact that the car accident may have been the other person's fault, but that their own insurance company has to "foot the bill" for their treatment. Our clients are concerned that their insurance premiums will go up because a claim is being made against their policy, even though the accident was not their fault.
In New Jersey, medical bill payment related to injuries sustained in a car accident is governed by statute, specifically NJSA 39:6A-4 et.seq. New Jersey is considered a "no-fault" state when it comes to automobile insurance. Basically, the term "no-fault" means that your own insurance pays your medical bills, regardless of fault. The purpose and reason behind "no-fault" insurance is to ensure that the injured party receives immediate and appropriate medical care, as soon as practical and possible after the car accident. Prior to New Jersey becoming a "no-fault" state, and in other states where "no-fault" doesn't exist, issues of liability often prevent an injured party from obtaining necessary and appropriate medical treatment soon after the accident. For instance, if a person is injured in a car accident in an intersection governed by a traffic light, both parties may claim that they had the green light and are blameless. Accordingly, although one party needs medical attention for their injuries soon after the accident, neither of the insurance companies would bear responsibility for that treatment until a judge or jury could determine that their client was at fault for the accident. Thus, without appropriate medical insurance in place, doctors would not be in a position to render such treatment.
Under New Jersey's "no-fault" scheme, medical treatment is available immediately after the accident because the doctors know that coverage will exist regardless of whomever is determined to be at fault. Obviously, in the event you are injured in a car accident and seek medical treatment, it is important to provide your doctor with copies of your own insurance policy information, including the name of the company, policy number and a claims telephone number, wherever possible. Of course, if your claim for medical treatment is ever declined by your insurance company, or if you are involved in a car accident at all, it is important to seek an experienced attorney who can provide you with the proper guidance, and pursue your interests to the fullest extent of the law.
