Motorcyclists represent perhaps the most vulnerable population that shares New Jersey’s roadways. Given their small size in comparison to other motor vehicles on the road as well as their lack of safety restraints like seat belts to prevent motorcyclists from being ejected during a crash, motorcyclists stand a greater chance of being seriously injured if they are involved in an accident than a driver or passenger of an automobile or commercial truck. According to New Jersey Department of Law & Public Safety, between 2011 and 2015, there were approximately 12, 000 accidents involving motorcycles in New Jersey. Moreover, the National Highway Traffic Administration reports that approximately 50% of all motorcycle accidents are single vehicle accidents. With the number of motorcycle accidents so high in New Jersey, it is important for motorcyclists to understand what they can do to recover monetary compensation if they are injured or sustain property damage in a crash.
Have Appropriate Motorcyclist Insurance Coverage
In New Jersey, all motorcyclists are required to carry motorcycle insurance. Moreover, New Jersey law requires all New Jersey motorcyclists to carry insurance, which have the following minimum liability policy limits:
· $15,000 bodily injury coverage per person involved in the accident;
· $30,000 total bodily injury coverage per accident; and
· $5,000 coverage for property damage
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In addition to the above minimum insurance requirements, motorcyclists may elect to purchase policies with more expansive coverage. For example, the motorcyclist may elect to increase the policy limits set forth above for bodily injury and property damage coverage. The motorcyclist may also elect to purchase a policy that provides coverage in the event the motorcyclist is involved in an accident with an uninsured or underinsured person and the motorcyclist requires compensation to cover the costs of medical treatment for his or her injuries or to cover the costs of repairing or replacing his or her motorcycle.
Regardless of whether you are at-fault for an accident or you are injured in some way during an accident caused by another person, it is important that you have adequate insurance coverage to pay for any damage you either cause or sustain during the accident. Having adequate insurance may allow you to forego being sued or having to sue another person for injuries and property damage sustained in the accident.
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When the Motorcyclist is At-Fault for an Accident
In the event that the motorcyclist is at-fault for an accident, New Jersey law provides that those injured in the accident may file a claim with the motorcyclist’s insurance carrier to compensate them for the costs of medical treatment for any injury they sustain in the accident or any property damage done to their vehicle. However, in the event that the policy limits of the motorcycle insurance are not enough to cover the damage sustained by the injured parties, New Jersey law also permits injured parties to file a personal injury claim for negligence against the motorcyclist in a New Jersey court.
When the Motorcyclist is Not At-Fault for an Accident
On the other hand, if the motorcyclist is not at-fault for an accident and if either injured or sustains property damage. New Jersey law allows the motorcyclist to file an insurance claim with the at-fault party’s insurance company, or, alternatively to file a personal injury claim sounding in negligence against the at-fault party in a New Jersey court. If the motorcyclist is not at-fault and injured, it is a good idea for the motorcyclist to seek immediate medical attention, document their injuries and damage, and to retain the services of a personal injury attorney as soon as possible. Doing these three things may help injured motorcyclists in New Jersey secure the monetary compensation they are entitled to under New Jersey law.
