After you’ve been involved in a motorcycle accident that was someone else’s fault, you may know that the party at fault for your accident may be legally obligated to compensate you for your damages, such as costs to treat your injuries and your lost wages. But you may be able to cover those expenses without going into your own pocket by relying on your personal health insurance coverage or using paid sick leave at work. It is important that you understand how using health insurance and paid sick leave can affect the recovery you obtain in a motorcycle accident claim.
Typically, in a motorcycle accident case, medical expenses incurred to treat injuries suffered in the accident will be reimbursed by the driver or other party responsible for causing the accident.
If you have health insurance that covers treatment for injuries suffered in a motor vehicle accident (some health insurance policies expressly deny coverage for such treatment, so check the terms of your policy), you may be able to have your treating providers file a claim with your health insurer to get paid for the treatment they’ve rendered to you.
Although the party at fault for causing a motorcycle rider to get into an accident will ultimately be responsible for all damages incurred by the injured rider, there is still the practical matter of who will pay the injured rider’s medical bills and lost wages while the injured rider’s legal claim winds its way to a resolution.
As for medical expenses, an injured rider may be able to turn to the personal injury protection coverage in his or her own motorcycle insurance policy. Once that coverage is exhausted, an injured rider may then turn to his or her health insurance policy for coverage.
If the rider is lucky enough to have paid sick leave, he or she can use that leave to recoup income while recovering from injuries. Although an insurance company may argue that using paid sick leave should limit the injured rider’s recovery, that isn’t necessarily the case — an injured rider could have used that paid sick leave for other illnesses, or accumulated it until it paid out. In other words, the rider’s paid sick leave is a benefit or asset he or she has lost as a result of someone else’s legal fault.
If you use health insurance to pay for treatment for injuries suffered in a motorcycle accident, the insurance company may decide to assert a lien against your legal claim against the party or parties responsible for your accident. If the insurance company successfully asserts a lien, they could recover the money they have paid to your healthcare providers from the compensation you obtain from the at-fault party.
The amount of money that a health insurance company can recover in a lien against a personal injury claim will depend on the amount of money they have paid out on behalf of the injured person and on limitations and restrictions under New Jersey law. A health insurance company may not necessarily be entitled to be paid back every single dollar they have expended on behalf of their insured, so it is important to have an experienced motorcycle accident attorney representing you who can make sure the health insurance company only gets what they are entitled to under the law and you can receive the greatest amount of your legal recovery possible.
Did you or a loved one sustain serious injuries due to a motorcycle accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. Attorney Andrew Prince Esq. represents clients injured because of motorcycle accidents in Newark, Jersey City, Paterson, Elizabeth, and throughout New Jersey. Call (908) 304-9187 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 136 Central Avenue, Clark, NJ 07066, as well as offices in West New York.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.