You’re walking or riding your bike on the sidewalk and decide to cross the street in a crosswalk at an intersection. Someone is driving down the road doing 40 m.p.h. checking their Facebook newsfeed when they strike you sending you into the air and onto the pavement resulting in two broken legs. You end up in the hospital and require surgeries and six months of rehab. The medical bills are staggering! Who’s going to pay for this?

New Jersey’s Laws pertaining to PIP (Personal Injury Protection) / No-Fault Insurance can be TRICKY!

A number of questions must be addressed to get to the correct answer

1. Was I a pedestrian at the time of the accident?
   “Pedestrian is defined in N.J.S. 39:1-1 as a person afoot. What is this cryptic language? Simply put, this means a person walking, jogging, running, rollerblading, on a push scooter, riding a bicycle.
2. What was I struck by? (Was it an automobile or a motor vehicle)
   – An “automobile” is defined by statute in New Jersey as a private passenger or station wagon type that is owned or hired and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; and a motor vehicle with a pickup body, a delivery sedan, a van, or a panel truck or a camper type vehicle used for recreational purposes owned by an individual or by husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the insured other than farming or ranching.
   – What is a motor vehicle?? – Simply put it includes all motor vehicles ecept the “automobiles” previously mentioned which definition was obtained from N.J.S. 39:6A-2a. This includes motorcycle, commercial vehicles, etc.

So… If you were struck by an “automobile” you have to ask yourself if you have your own car insurance policy or if you are a resident relative of someone who has a car insurance policy. If the answer is yes that you as a pedestrian injured by an “automobile” will be entitled to PIP coverage (payment of your medical expenses) by your own a resident relative’s car insurance company. If you do not have your own car insurance policy and don’t reside with a relative that has a car insurance policy then you will have to make an application to the UCJF/PLIGA (The New Jersey Property-Liability Insurance Guaranty Association) for coverage of your medical expenses. It is important to remember that among other requirements if you are seeking NJPLIGA benefits you only have 180 days to notify PLIGA of your intention to make claim.

What if you were struck by a “motor vehicle”, for example a UPS truck or other delivery truck? You must seek PIP coverage from that non-automobile motor vehicle. Pursuant to NJS 17:28-1.3 every non-automobile motor vehicle including motorcycles and motorized bicycles which is insured against loss resulting from liability for bodily injury, death and property damage shall also provide PIP benefits to pedestrians who sustain bodily injury … caused by the named insured’s motor vehicle or motorized bicycle or by being struck by an object propelled by or from the motor vehicle or motorized bicycle.