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Pedestrian Hit and run accident...

Discussion in 'Automobile & Car Insurance' started by kellian1, Sep 24, 2010.

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  1. kellian1

    kellian1 Law Topic Starter New Member

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    Hi all,

    My Fiance was the victim of a hit and run accident when crossing the street. The guy who hit her was never found and she now needs major neck surgery to fix the issues in her neck.

    We live in NJ and our insurance would not pay any of the medical bills and told us she listed as an additional drive not fully insured. The bills are being payed through NJ Pliga.

    Now she just met with a lawyer who mentioned to her she can try and sue the insurance company (geico) if they do not find the guy who hit her (you would think that would be the polic departments job, but good luck with that.).

    Is that something that is legally possible being that she is listed under the policy as an additional drive and not as insured? She has been in a ton of pain for the last month or so and now will miss alot of work and she is very upset about all this and would like something to show for all of her this she is going through.

    The other option he gave us was to sue pliga but said that was limited to $8000 or so, and that the insurance option would be a better option, just wondering, again, if that is possible

    Thanks for the help in advance!
  2. army judge

    army judge Super Moderator

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    The lawyer has more facts than anyone on here.
    Follow the lawyer's advice.
    Or, speak with another lawyer.

    There is something odd about this case.
    I know, you live in NJ.
    NJ is one of 12 no-fault auto insurance states, plus Puerto Rico.
    In no-fault states, the ability to sue is hampered.
    Your policy covers you when injured.

    Your GF had no policy.
    She was listed as an additional driver, not an insured.
    This protects the person's car that she's driving, but as she has discovered, doesn't protect or insure her!

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