NJ drivers can now sue for unreimbursed medical expenses beyond PIP. A Union County judge has issued an important ruling regarding drivers who only carry minimum amounts of “no-fault” or PIP coverage. In Wise v. Marienski the court held that a driver carrying $15,000 in PIP coverage could sue to recover unreimbursed medical expenses that were beyond her PIP limits. Despite many decisions remaining unpublished, this case was deemed worthy of publication, which makes this an important case until a higher court clarifies this rule. This case settled so there was no appeal filed. Wise is an important decision for injured plaintiffs carrying minimum amounts of PIP coverage in times when drivers carrying higher PIP limits are declining. However, despite the Wise decision granting relief to drivers, all operators and owners are encouraged to carry higher amounts of PIP coverage than $15,000.
Ken Biedzynski is an attorney at Goldzweig, Green, Eiger, & Biedzynski who specializes in personal injury and landlord tenant law.