If someone is injured in a car accident, all medical bills and wages (to a limited amount) are typically paid by the No-fault insurance company up to $50,000. The accident victim merely needs to file a No-fault application within thirty (30) days of the accident. The No-fault insurance company is typically the insurance for the car the victim was seated in at the time of the accident.
In addition, an injured victim may also sue the negligent driver and owner of the car which caused the accident. Such a case may be worth a substantial amount of money. There is an important requirement here that is unique to automobile cases. The injured victim can only sue if he/she has sustained a “serious injury”. The law involving a “serious injury” is extremely complex. Generally, a fracture, even a minor one, qualifies. A soft tissue injury (“whiplash”) generally is not sufficiently “serious” unless the victim is out of work for ninety (90) days. There are many exceptions to this. Call us for free advice – 1-800-NOW HURT – if you have a question.
Daniel P. Buttafuoco