Under New Jersey No Fault, automobile policies provide for payment of a policyholder's accident-related medical expenses (personal injury protection benefits or PIP) without regard to fault. Unfortunately, there are no PIP benefits available under either automobile or motorcycle policies for injuries sustained while operating a motorcycle, even if injured as a result of a collision with an automobile insured under No Fault.
When you purchase automobile insurance, you must elect either the "lawsuit limitation", which limits your right to sue those who injure you, or "no limitation", which entitles you to pursue your injury claim without limitation. The limitation pertains to the type and seriousness of your injury. Close to 90 percent of New Jersey drivers have elected the lawsuit limitation because it results in a cheaper premium.
Even though there is no "limitation" election on motorcycle policies, as a result of New Jersey court decisions, if you choose the "lawsuit limitation" on your car policy, it applies to you in a motorcycle accident as well. As unfair as it sounds even though your medical bills are not covered, your right to compensation for your injuries may still be limited. Unfortunately, most motorcycle accidents result in severe injuries which overcome the lawsuit limitation. However, many do not. In those cases, even though you suffer for years with the injuries you sustained, if you have chosen the lawsuit limitation, you will not be able to sue for compensation of your injuries.
We suggest that you talk to your automobile insurance agent and find out if you have the lawsuit limitation for you and your family. Have the agent price out your policy without the limitation. Some car insurance companies have better rates than others, so shopping around could help.
Motorcycle accidents can have a devastating impact on the life of the injured rider. Nowhere is this more apparent than in my law practice, where daily we deal with riders injured in accidents, many of whom will go without compensation as a result of their choice of the "lawsuit limitation." Being in a motorcycle accident is always a surprise. Finding out you cannot pursue a claim can be an even bigger one!
Ride Safely!
Andrew S. Prince
Phone: (888) 317-6277