What Does No Fault Mean?

I am asked a very good question on a regular basis as a motorcycle injury lawyer. It is some variation of the following:

If I am injured in a motorcycle accident because of someone else’s negligence, why can’t I just send my medical bills to that person’s insurance company?

The answer is simple: Because the other insurance company will not pay the bills – they are not required to do so by law. You are not their insured and there is no insurance contract requiring them to do so.

Even if the other party admits fault and pays for the damage to your motorcycle, they aren’t automatically going to pay your medical bills.

So why won’t they pay for the medical bills?

The answer is simply because New Jersey (as well as Pennsylvania) have been deemed to be “No-Fault” states by law.

The law does not assign fault at the stage that the medical services are rendered.

The result of this law is that, regardless of who is at fault, each driver shall initially be responsible to pay for their own medical expenses.

How health insurance figures in

motorcycle lawyer explains no-fault insuranceIf you have private health insurance, the company that you have it through will generally step in and begin making payments on the outstanding medical bills, as long as they have been properly notified that the injuries were caused by a “motorcycle” accident and not an “automobile” accident.

As simple as that sounds, it is ridiculous how much time my staff and I spend educating the billing departments of health providers to make them aware that if they do not properly code the bills, they will be denied by the health insurance company.

This is just one example of how a motorcycle accident lawyer can help you in a motorcycle accident claim.

What if I don’t have health insurance?

When there is no health insurance, this is when the serious problems begin.

Often times the cycle rider in the accident doesn’t have enough money put away to cover their medical bills from the unexpected accident. After all, who plans for an accident in their household budget?

I Need a Hero

Fortunately, the story doesn’t end there.

Simply because the other insurance company is not responsible to pay for the motorcycle accident medical bills up front, doesn’t mean they can avoid paying for the bills forever.

Practically speaking, any outstanding medical bills will be paid when the motorcycle accident claim is settled.

The bad news is, as many of you know, if a case ends up in litigation, it can take anywhere from one to three years to resolve. And in the meantime you may be hassled by collection agencies and these unpaid medical bills can adversely affect your credit rating.

In this situation as your motorcycle accident lawyers we normally contact the medical providers and request that they hold the bills until we resolve the claim, at which time we will pay any outstanding medical bill.

Most medical facilities will agree to our request, as they know that getting paid upon the resolution of the claim is their best chance to actually recover their money.

You, as an individual, don’t have the same pull that I, as your lawyer, have.

The concept of No Fault is fairly straight forward, even though it is not logical.

So if you were asking “Why can’t the bills just be sent to the other person’s insurance company?” and didn’t understand what “No Fault” implies, I hope I have answered your question.

I invite you to give me a call at 888-292-5352 to get valuable information on the steps you can take to protect yourself. The consultation is free for New Jersey or Pennsylvania motorcycle accident victims.

You are not obligated to hire me after our consultation, although most people who do contact me find not only initial stress relief, but also find better results from their motorcycle accident claims.

Are you carrying enough insurance?

You will want to have enough medical coverage with your own motorcycle accident insurance to cover much higher medical expenses than are required by New Jersey automobile insurance requirements, given today’s escalating medical costs.

Give me, Lee Gaber, Esquire, a call at 888-292-5352 for free recommendations.