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Tag: PIP

Out-of-State Pedestrian Injured in New Jersey Not Entitled to PIP Benefits Under Deemer Statute

By on June 23, 2017 in Litigation with 0 Comments

Plaintiff, Kathleen Leggette, a Virginia resident, was visiting her daughter at Princeton University and, while crossing the street, she was struck by a New Jersey driver. She was insured by Government Employees Insurance Company (“GEICO”) and claimed that GEICO should provide personal injury protection (“PIP”) coverage to pay for her bills under the Deemer Statute. […]

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Appellate Division Rules that Medical Expenses that Exceed $15,000 PIP Limits are Recoverable in Personal Injury Action

By on June 9, 2017 in Awards with 0 Comments

In the published decision of Haines v. Taft, 2017 N.J. Super. LEXIS 64 (App. Div. June 1, 2017), the Appellate Division ruled that a plaintiff may recover medical expenses that exceed their $15,000 personal injury protection (PIP) limits in their automobile policy. At the trial court level, the trial judge had barred the admission of […]

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Plaintiff Permitted to “Board” Full Amount of Medical Expenses Not Covered by PIP

By on November 18, 2016 in Coverage with 0 Comments

Plaintiff Angel Viruet, Jr. was injured in an automobile accident and sued Defendant Fernando Maoine for his injuries. Plaintiff was insured by GEICO Insurance Company for his automobile insurance and had selected a limited PIP medical coverage benefits of $15,000. In Viruet v. Maoine, 2016 N.J. Super. Unpub. LEXIS 2426 (Law Div. Nov. 4, 2016), […]

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Plaintiff Barred from Collecting PIP Benefits Due to the Ownership of Uninsured Vehicle

By on September 30, 2016 in Coverage, Uncategorized with 0 Comments

Plaintiff, Vidal Padilla, was involved in a 2014 accident while operating his nephew’s car. He submitted a PIP application for his injuries to defendant Personal Service Insurance Company, which insured his nephew’s vehicle. The defendant insurance company contended that the plaintiff was barred from obtaining PIP benefits due to his ownership of an uninsured motor […]

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NJ Court Finds that Expenses Paid Pursuant to Med Pay Coverage Are Subject to Collateral Source Rule and Are Not Recoverable in a Subsequent Subrogation Action

This Law Division case involved a novel question as to whether costs and expenses paid pursuant to an insured’s Extended Medical Expense Coverage (“Med-Pay”) are subject to the collateral source rule and, hence, not recoverable in a subsequent subrogation action. Although there is case law on whether Personal Injury Protection (“PIP”) benefits can be subrogated, […]

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