My son was the passenger in an accident Was taken to trauma unit, no broken bones or internal injuries, just stiches & staples. He has been told he has to turn it in to his auto insurance, not the drivers because NJ is a no fault state. Then my son’s insurance company is talking about him having to pay deductibles & co-pays, shouldn’t the drivers insurance cover this?

  1. 15645 POINTS
    Edward HarrisPRO
    Owner, Best Health And Car Insurance Rates - Instant Online Quotes, US
    Firstly, we hope your son continues to recover and has a full and speedy recovery. Our thoughts and prayers are with him.

    If you are injured in an automobile accident, and you have minor or significant injuries, nearly all companies will pay for the medical expenses, up to the stated limits of the policy that is providing coverage. Medical payments coverage, although optional, is covered on nearly all policies in "fault" states.

    If the driver of the other car is at-fault, they are required to carry specific minimum limits of bodily injury. Typically it is between $15,000 and $30,000 per person.

    If it is a "no-fault" state, PIP (Personal Injury Protection) is typically required and will pay for the damages, although it does not matter who was at fault. Lost wages would also be covered.

    If the other driver has no car insurance, then uninsured motorist protection of the driver of your vehicle can step in and pay. If your driver is not covered, you can utilize your healthcare coverage or begin litigation against the driver.

    IMPORTANT: Answer was provided by Edward Harris, one of the leading US car insurance brokers with more than 30 years of experience. His award-winning website provides free online quotes and offers the lowest auto insurance rates from the most reputable companies.
    Answered on June 11, 2015
  2. 21750 POINTS
    Jim Winkler
    CEO/Owner, Winkler Financial Group, Houston, Texas
    That is a really good question! I am glad that your son wasn't badly hurt; God is good! Insurance companies on the other hand are not quite so giving...In a no fault State, the payment for claims is not dependent upon who caused the accident. Each person files with their own company, regardless of who was at fault. Your son's insurance company would therefore be liable for the claim for damages and/or medical expenses, and would pay them according to the terms dictated in the policy. That would include, unfortunately, the deductible and co-pays. They should cover everything over those, but I'd expect them to poke you for the deductible and your son's share of the expenses. You can try to dispute it, and with the help of a lawyer, possibly be able to sue in small claims court the driver (or the other driver, if there was another car that had caused the accident) for those costs. I hope it all works out well for him and you, and that his healing is quick and complete. Thank you for asking!
    Answered on June 13, 2015
  3. 161 POINTS
    Ty Peck
    Agency Producer, Farmers Insurance, Ferndale, WA
    Hope your son is getting better! In Washington State, we have a mandatory coverage called Personal Injury Protection. This provides medical coverage for the driver and all passengers in case of an accident. A waiver needs to be signed if the client does not want this coverage. Most insurance companies should have a similar coverage (might be called something different depending on state/company). This coverage also covers the named insured (owner of the policy) as a pedestrian if they are hit by a car.
    Answered on December 7, 2015
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