Hamilton Padgett Rinaldi, LLP
Thomas F. Rinaldi, Esq.
New Jersey guide

Getting
treatment.

How your medical bills actually get paid in New Jersey, and what to do when they do not.

Your own insurance pays first, whoever caused the crash.

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The thing nobody tells you

Your own policy
pays first.

New Jersey is a no fault state for medical treatment. Your own auto insurance pays your medical bills after a crash through Personal Injury Protection, called PIP, regardless of who caused it.

Not the other driver's insurance. Yours.

This is not a claim against you Using your PIP is using a benefit you already paid for. It is what the coverage exists to do, and it should not raise your rates for a crash that was not your fault. People avoid it for exactly that fear and end up not treating.
What to do first

Open the
PIP claim.

1. Call your own insurance company Tell them you were in a crash and you need to open a PIP claim. They will give you a claim number and send an application.
2. Complete the application promptly There are deadlines and they matter. Do not sit on it. If the form confuses you, call and ask, or call me and I will walk you through it.
3. Give the claim number to every provider The emergency room, your doctor, physical therapy, imaging. Every one of them bills PIP directly. You should not be paying out of pocket.
4. Keep the claim number somewhere you will find it You will be asked for it over and over for the next year.
The part that surprises people

Health insurance
may be primary.

When you bought your auto policy you chose whether auto PIP or your health insurance pays first. Choosing health insurance as primary lowers the auto premium, so a lot of people picked it without understanding what it meant.

If you picked health primary, your health insurance pays the medical bills and you have a deductible and copays. PIP then covers some of what health insurance does not.

Almost nobody remembers which they chose. It is on the declarations page of your auto policy, usually one line.

Find your declarations page Not the insurance card. The declarations page is the summary of your coverages, usually a few pages, sent at each renewal. Look for health care primary or PIP primary. If you cannot find it, call your carrier and ask them to email it. It takes five minutes and it determines who pays for the next year of your treatment.
Three situations that change the answer

Check these
before anything
else.

Most people never hear about any of these, and each one can mean the difference between treatment being paid for and not.

If you are on Medicaid

Medicaid is generally a payer of last resort. That means it is not supposed to sit in front of your auto PIP.

If your auto policy has health insurance listed as primary and your health coverage is Medicaid, that is a problem that needs correcting. The election may need to be converted so PIP pays first. People in this situation get bills denied by both sides and assume they are stuck. They are not.

Worth a call If you are on Medicaid and you were in a crash, this is the first thing to check. Tell me your coverage and I will tell you what it should look like.

If you live out of state

You were hurt in New Jersey but your car is insured somewhere else. People assume New Jersey PIP has nothing to do with them.

New Jersey has what is called the deemer statute. If your out of state insurer is authorised to do business in New Jersey, your policy may be treated as though it provided New Jersey PIP coverage for a crash that happens here, even if the policy itself says nothing about it.

That can open up medical coverage you did not know you had. It can also bring consequences with it, including limits on what you can recover for pain and suffering, so it matters both ways and it is worth understanding before anyone makes decisions for you.

If you were a pedestrian or had no coverage

Struck while walking, on a bike, or in a car with no insurance, and you have no auto policy of your own and no resident relative with one.

There is still a source of PIP in New Jersey for people in exactly this position, administered through the state's guaranty arrangement. There are requirements and there are deadlines, and the application is not something most people would find on their own.

This is the one people give up on No insurance, hit by a car, told by a hospital that nobody is paying. It feels like the end of the road and it usually is not. Call before you accept that answer.
If you have no auto insurance

There is still
a path.

If you were a pedestrian, a passenger in someone else's car, or you do not own a vehicle, you may still have PIP available.

This gets complicated quickly and the order matters. Call before you assume you have nothing. This is the single most common thing people get wrong, and the cost of being wrong is not treating at all.

Why treatment gets denied

Precertification.

New Jersey PIP policies generally require certain treatment to be approved in advance. Physical therapy past a certain point, injections, MRI, surgery. It is called decision point review or precertification.

Your provider usually handles this, but not always, and when it is missed the bill gets denied.

Ask your provider directly whether they have submitted the precertification. Do not assume.

If treatment is denied A denial is not the end. There is an appeal process and there is PIP arbitration. Insurers deny things that should be covered and a lot of people simply stop treating when they get a denial letter. Do not. Call someone first.
If a doctor will not see you

Finding someone
who will treat.

Some providers will not take PIP. Some want payment up front. If you are hurt and you are being turned away, that is a problem worth solving rather than giving up on.

There are providers throughout New Jersey who regularly treat under PIP and who understand the precertification process. Call me and I will give you names, more than one, and you choose.

How I handle this, so you know I do not get paid by any doctor and I never will. I will give you several options rather than one. Who you treat with is your choice and it stays your choice. If a lawyer ever tells you that you have to see a particular doctor, that is a reason to be careful.
The mistake that costs the most

Gaps.

If you stop treating for a few weeks because you feel a bit better, or because the appointments are inconvenient, or because a bill scared you, that gap becomes the centre of the insurance company's argument.

They will say you must have recovered. It does not matter that you were busy, or that you could not get a ride, or that nobody called you back.

If you need to stop, tell your doctor why and have it noted. A documented reason is a very different thing from an unexplained gap.

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