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Need Legal/Insurance Advice - Ped Accident

Discussion in 'New York Tri-State' started by staatsof, Dec 9, 2009.

  1. staatsof

    staatsof Seven Time F1 World Champ
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    Mar 13, 2005
    75,796
    Fuggetaboutitland
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    Bob
    I need some information about how insurance works in NJ when as a pedestrian you're struck by a car. My wife got hit by a car a week ago and fortunately she's fine with nothing more than a lot of body aches. But the driver split and is presumed to be illegal, wo license and wo insurance even if they do ever find him.

    We ended up in the ER and now they tell us that by law we have to submit to our auto insurance company. The problem is that I have a $2,500 deductible on that policy whereas my health insurance would have picked up the whole thing if we'd been savvy enough at the time to say she just fell down.

    I feel a screw job coming on ... Lots of policies and still no coverage?

    So can I then submit the claim to my health insurance company after my favorite little gecko at the auto insurance company tells me my 15 minutes are up?

    Anything else I should be looking out for?

    Thanks
     
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  3. ProRallyCodriver

    ProRallyCodriver Formula 3

    Oct 25, 2005
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    Dave Shindle
    I don't get it, then everyone would need auto insurance for when they were walking.
     
  4. staatsof

    staatsof Seven Time F1 World Champ
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    Mar 13, 2005
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    Bob
    #3 staatsof, Dec 9, 2009
    Last edited: Dec 9, 2009
    Legislators run amuck. I think if you have no auto insurance then sanity prevails and your health insurance takes over. But I don't know for certain which is why I'm looking for an expert.
     
  5. ProRallyCodriver

    ProRallyCodriver Formula 3

    Oct 25, 2005
    1,233
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    Dave Shindle
    #4 ProRallyCodriver, Dec 9, 2009
    Last edited: Dec 9, 2009
    The googly eye stack of cash caveman gecko called. Their estimate is to replace your wife's bumper and fender and blend her paint.

    Seems the health insurance lobbyist have a leg up or two around the legislators in NJ.
     
  6. staatsof

    staatsof Seven Time F1 World Champ
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    Mar 13, 2005
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    The only damage was too my wallet which is truly fortunate.
     
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  8. FasterIsBetter

    FasterIsBetter F1 Veteran

    Jul 22, 2004
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    Steve W.
    Check with your auto insurance agent. You should have made an election whether to use the PIP coverage under your auto policy or your regular health insurance as your primary coverage. Plus, if you have uninsured motorist coverage, that should start at dollar one rather than be subject to your $2500 deductible.

    Bottom line -- call your insurance agent and ask these questions rather than here. What happens depends on coverage options you've chosen and what your policy provides, not what any of us think you might be entitled to.
     
  9. staatsof

    staatsof Seven Time F1 World Champ
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    Mar 13, 2005
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    Bob
    I know that. But what I'm trying to figure is what happens after the gecko is done with me.
    My insurance agent (none) is useless with that sort of information. Ever try to reason with a gecko ...

    Bob S.
     
  10. FasterIsBetter

    FasterIsBetter F1 Veteran

    Jul 22, 2004
    5,844
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    Steve W.
    Well, Bob, you could have discussed this with me on Sunday at the FCA holiday party. LOL Better yet, pull out your insurance policy (language of the policy is always a good place to start) and see what it actually says. And if you can't make heads or tails of it, meet me for lunch and I'll take a look at it for you.

    You've got my number, give me a call, my friend!
     
  11. motordean

    motordean Rookie

    Aug 10, 2008
    17
    give my buddy scott a call - he specializes in that kind of stuff 1-516-672-2004. that's his mobile so just tell him dean gave it to you. good luck.
     
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