Q: I am an out of state resident and was rearended by a NJ driver, in NJ. Their insurance tell me that I cannot get P&S?
A: You will need to speak to a New Jersey attorney. Some states have no-fault laws that do not allow pain and suffering unless you meet certain thresholds. There are sometimes exceptions for out-of-state residents. You should retain New Jersey counsel to discuss the issue.
A: Do not believe what the adjuster is telling you. Contact a NJ lawyer for representation. Damages for pain and suffering are allowed in NJ; however, NJ is a comparative fault state, meaning that you must not be more than 50% at fault for the accident, and your percentage of fault will reduce your damages by the same percentage. It could be that the defendant did not have liability coverage on his vehicle, so the adjuster is referring only to the available policy coverages. In that scenario, you would claim under your own Uninsured Motorists coverage of your policy. Speak to a NJ lawyer if you were injured. You will need to document your injuries by presentation of medical bills, treatment reports and notes, etc.
A: Try to arrange a free initial consult with an attorney - that would be the most reliable means of evaluating the matter and outlining your rights. Most law firms that handle injury cases will do this as a courtesy with no obligation. Good luck
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