What a wreck! No-fault state = no rights for basic compensation?
November 15, 2010 5:29 PM Subscribe
Help me make sense of no-fault state car insurance shenanigans! Covered person's insurance company not really proactive or informative. Other driver's insurance company dragging heels and giving the run-around..
posted by loquat to law & government (3 answers total)
My sister in NJ was rear ended while stopped at a red light. Police arrived, report taken, 100% fault of the other driver was established and recorded. The car was towed for repairs. She rented a car until car was repaired. She got a call Friday afternoon just as she was going to pickup kid from school and couldn't make it before closing to return rental and pick up car. Body shop is closed on weekends.
She had to pay a deductible for repairs (which her insurance company will recoup for her) but she has medical bills from a doctor's exam for muscle strain resulting from the accident and out-of-pocket rental car costs which her insurance says they will not reimburse. She's been working with the other insurance co. to get reimbursed but the agent is giving her a hard time about the body shop hours and the additional rental days (body shop closed weekends, car *technically* ready Friday afternoon).
I know you're not her lawyer, and likely not even a lawyer, but anybody have experience with no-fault state car insurance procedures/laws? She's an extremely busy, worried, stressed out and nearly $1k out of pocket full time mom trying to get back on track. No-fault states don't allow people to sue unless there are severe monetary damages resulting from the accident. My sister's case doesn't come close. Does this mean she's SOL on her medical bill(s) and can't be compensated for the weekend portion of the car rental? It's not like she wanted to drive the rental any longer than necessary!
I've suggested she consult a lawyer for advice and if she doesn't get anywhere with the other driver's insurance company, she'll probably pursue that option.