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  1. #1
    Join Date
    Aug 2013
    Posts
    1

    Default Rear-Ended by a Bus

    My question involves an injury that occurred in the state of: New Jersey
    I was rear ended by a bus at a high speed when I was stopped at a traffic light when it was yellow. Two police officers witnessed the accident. The bus driver was ticketed for careless driving. It was not my car and I do not own one. I was going to pick up the owner of the car I was driving. I was unaware at the time that he had a lapse in insurance.Is the bus company liable for my injuries? I have not been able to receive medical because of the insurance lapse and I am trying for state aid now. Also with the lapsed insurance they have still accepted payments and reinstated the policy from ten days before the accident and refuse to cover it. Will the bus company cover this since I had no knowledge of the insurance lapse?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Rear-Ended by a Bus

    The statute that raises your concern,
    Quote Quoting NJSA Sec. 39:6A-4.5. Loss of right to sue for failure to insure, for DWI, for intentional acts.
    a. Any person who, at the time of an automobile accident resulting in injuries to that person, is required but fails to maintain medical expense benefits coverage mandated by section 4 of P.L.1972, c.70 (C.39:6A-4), section 4 of P.L.1998, c.21 (C.39:6A-3.1) or section 45 of P.L.2003, c.89 (C.39:6A-3.3) shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of an accident while operating an uninsured automobile.

    b. Any person who is convicted of, or pleads guilty to, operating a motor vehicle in violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), or a similar statute from any other jurisdiction, in connection with an accident, shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of the accident.

    c. Any person acting with specific intent of causing injury to himself or others in the operation or use of an automobile shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of an accident arising from such conduct.
    There's a case from 2000 that indicates that a permissive user is not barred by that statute from seeking recovery against an at-fault driver,
    Quote Quoting White v. Schily, 333 N.J. Super. 581, 756 A. 2d 633 (2000)
    Defendant first asserts that plaintiff is barred from seeking any recovery at all by virtue of N.J.S.A. 39:6A-4.5. That statute prohibits any recovery by a person who was required to, but did not, maintain PIP coverage and is injured while operating an uninsured vehicle. Since plaintiff was not the owner of a vehicle principally garaged in New Jersey, he was not required to maintain PIP coverage. Consequently, N.J.S.A. 39:6A-4.5 does not apply to him and cannot serve to bar this action.
    I suggest consulting a personal injury lawyer to verify that your injuries cross your state's "verbal threshold" and to see if a lawsuit would be viable.

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