Motor Vehicle Accidents
New Jersey Ice and Snow Removal Law and Winter Driving Tips
Posted in Injury Law, Motor Vehicle Accidents
Now that the temperatures outside have started to dip and the winter driving season is upon us, it is time to remind you of New Jersey’s ice and snow removal law. Remember to remove all ice and snow from your vehicle before driving, especially from the hood, windows, and roof. Motorists who fail to obey this law face fines of $25 to $75 for each offense, regardless of whether the ice and snow is dislodged from the vehicle. If flying ice or snow causes property damage or injury to others, motorists face fines of $200 to $1,000 for each offense. Continue reading
Do 50 Percent of People Have a Herniated Disc? Dispelling the Myth
Posted in Injury Law, Motor Vehicle Accidents
You may have heard this one before: 50 percent of all normal and asymptomatic adults have at least one herniated disc (sometimes referred to as a slipped disc.) However, unlike many other buzzy medical “factoids,” this one is more myth than truth.
Consequences of Texting and Driving the “Kulesh, Kubert and Bolis’ Law”
Posted in Injury Law, Motor Vehicle Accidents
Under a new law called the “Kulesh, Kubert and Bolis’ Law,” proof that a defendant was operating a hand-held wireless telephone while driving a motor vehicle may give rise to the presumption that the defendant was engaged in reckless driving. Prosecutors are empowered to charge the offender with committing vehicular homicide or assault when such type of accident occurs from reckless driving. Vehicular homicide is generally a crime of the second degree, punishable by imprisonment of five to ten years, a fine of up to $150,000, or both. Assault by auto is a crime of the fourth degree if serious bodily injury occurs and a disorderly persons offense if bodily injury occurs. A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. The penalty for a disorderly persons offense is imprisonment for up to six months, a fine of up to $1,000, or both. Continue reading
Out-Of-State Drivers & New Jersey’s “Deemer Statute”
Posted in Motor Vehicle Accidents
Many of the people who drive in New Jersey live out of state. I am one of those people. While I live in Pennsylvania, 90% of the driving I do is in New Jersey. Under these circumstances, I wanted to find a way to take advantage of Pennsylvania’s lower auto insurance premiums while avoiding New Jersey’s restrictive limitation on lawsuit or “verbal threshold” laws. Continue reading
Stark & Stark Attorneys David M. Schmid and Evan J. Lide Authored Article in U.S. 1
Posted in Motor Vehicle Accidents, Stark Events, Stark News
Stark & Stark Accident & Personal Injury attorneys David M. Schmid and Evan J. Lide authored an article in U.S. 1 published July 17, 2013. Continue reading
What To Do When Personal Injury Benefits (PIP) Cut You Off From Treatment
Posted in Injury Law, Motor Vehicle Accidents
So, you’ve managed to navigate the Personal Injury Benefits (PIP) portion of your automobile insurance policy enough to obtain coverage for your medical treatment arising out of your motor vehicle accident. Continue reading
Why Is It a Bad Idea to Select “Healthcare Primary” for Your Auto Insurance?
Posted in Injury Law, Motor Vehicle Accidents
I am involved in the process of renewing our law firm’s health insurance coverage, and in that context our broker brought our attention to this “unique to New Jersey” auto insurance option. New Jersey is the most populous state in the union, with more cars and people per capita than any other state. Given these realities, it is not surprising that New Jersey’s auto insurance rates are among the highest in the nation. Elected officials – and those seeking to be elected – often seize on the subject of reducing auto insurance costs as a popular campaign promise. Continue reading
How Are You Listed on Your Automobile Insurance Policy: Named Insured vs. Authorized Driver
Posted in Injury Law, Motor Vehicle Accidents
I cannot stress enough the importance of knowing your listed “status” on your auto insurance policy. Are you a “named insured” or are you listed as an “authorized driver”. Continue reading
Extended Medical Expense Benefits Coverage: What is it, and what does it cover?
Posted in Motor Vehicle Accidents
Ever wonder what “Extended Medical Expense Benefits Coverage” on your personal auto insurance policy actually covers? It is sometimes known as “med-pay.” Insurance regulations in New Jersey require auto insurers to include a minimum coverage of $1,000 and a maximum coverage of $10,000 in Extended Medical Expense Benefits Coverage on standard private passenger auto insurance policies in the state. So, in layman’s terms, each policy must offer $1,000 in that type of coverage, and that coverage can be increased up to $10,000. Continue reading
What Happens if I Selected Health Insurance Primary on my Auto Insurance Policy but I Don’t Have Health Insurance?
Posted in Motor Vehicle Accidents
In a previous blog post, I discussed Personal Injury Protection benefits. In 1990, the New Jersey legislature amended what is known as the “no fault law” and gave insureds the option to designate either their automobile insurance carriers or their health insurance carriers as the primary source for Personal Injury Protection benefits. Why would someone choose this option? When the law was amended, those electing to have their health insurers as primary carriers were guaranteed a 25% reduction in the premium applicable to the first $250,000 in PIP coverage. In layman’s terms, if an insured chooses his health insurance carrier has the primary source for PIP benefits, his insurance policy premium can cost less money. Continue reading