New Jersey Work Injury Lawyer

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525 Route 73 North
Suite 104
Marlton, NJ 08053

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111 White Horse Pike
Haddon Hts., NJ 08035

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Archive for February 2013

N.J. Personal Injury attorneys examine who is required to provide PIP benefits to the driver of a rented car

Plaintiff was involved in an accident in New Jersey while driving a car rented from defendant Avis and is a Florida resident insured by defendant State Farm. State farm filed a motion for summary judgment. Avis filed a cross-motion for summary judgment. Plaintiff ‘s New Jersey personal injury attorney contends that if the rental car plaintiff was operating is covered under the policy then State Farm would be liable under the Deemer Statute for $250,000.00 in personal injury protection benefits (PIP).  If the rental car is not covered, plaintiff asserts that Avis is required to provide these benefits. The court finds the car plaintiff was driving at the time of the accident qualifies as a non-owned car that is covered by State Farm’s policy. Therefore, State Farm is responsible for the medical expense benefits stemming from the accident because the Deemer Statute and the language of the policy apply. Moreover, plaintiff cannot pursue a claim for benefits against Avis due to the anti-stacking provisions. Avis’s cross-motion for summary judgment is granted. Because State Farm is responsible for the PIP benefits, the court must determine the appropriate limit. The court denies State Farm’s motion for summary judgment without prejudice, finding no evidence that plaintiff elected a $15,000.00 limit under the policy, or any limit under $250,000.00.    For more information on New Jersey injury law, please visit the website of New Jersey personal injury lawyer John F. Renner.

Legal Quote of the Week:

The rule of my life is to make business a pleasure, and pleasure my business.

Aaron Burr, 1756-1836, Letter to Pichon, secretary to the French Legation at Washington, D.C.