Video Description
When you take a seat on a bus, you are trusting your safety to the driver and company that have put the bus into service. The last thing you imagine will happen is that you will be involved in an accident, let alone be seriously injured. But if you are involved in a bus accident, you need to recover compensation from the responsible parties, including the driver and bus company.
Thankfully, you often won’t need to worry over suing another person or a faceless company. Your own personal auto insurance policy and your health insurance may provide coverage for medical expenses in the event of a bus accident. However, there are times where your insurance will be unable to cover the expenses of a serious injury you’ve suffered. You’ll need to file a lawsuit against the bus driver, bus company, or both.
WHAT WILL INSURANCE COVER?
Under New Jersey law, bus companies are required to carry Medical Expenses Benefits coverage in order to cover injuries to passengers for which the company is liable. This coverage is at least $250,000 per person, which will cover most if not all of the reasonable medical costs relating to the accident. However, it will not cover loss of wages, pain and suffering, and similar non-medical costs, unless an injury is of a serious nature such as a displaced fracture or death.
Be aware that school bus companies do not have to carry an equal amount of coverage. Instead, school busses only have to carry coverage of at least $10,000 per injured child in an accident.
Finally, there are cases where only a driver is liable for an accident, not the company. If this is the case, then you will need to sue them for coverage. As they are only a single driver, such individuals are legally required to only carry an equal amount of minimum coverage as any other driver might.
WHAT IS CONSIDERED A “BUS”?
Under New Jersey law, there are many vehicles similar in concept to a bus which are not legally considered busses. School busses, limos, hotel shuttles, cabs, and similar vehicles are not considered “busses” under the law, and they have different requirements in regards to insurance coverage.
For example, in Nebinger versus Maryland Casualty Company, a nursing home’s residents were injured in a crash while riding on the home’s minibus. They sued the minibus’s insurer for Medical Expense Benefits, and the insurer argued that the policy on the minibus did not include the benefits and was not required under New Jersey to do so. The court agreed, reasoning that the minibus was a service provided to nursing home residents free of charge, and was not considered a bus under New Jersey law.
CAN YOU SUE A PUBLIC ENTITY?
Public entities are subject to specific protections from and limitations on liability under New Jersey law. In our experience, it is best to speak with a legal expert immediately after an injury on public transportation. They will be able to walk you through the various regulations and rules, such as:
-Injured parties must file a Notice of Claim within 90 days of the date of the accident or injury.
-Lawsuits for conditions of public property can only be brought against a public entity if there was a dangerous condition which had a substantial and foreseeable risk of injury.
-If an injury is not permanent, your compensation is limited to costs related to medical expenses.
-An injured party must prove that the public entity knew of the dangerous condition that caused an accident and had reasonable time to correct it.
If you or a loved one was injured in a bus accident, contact Rosenblum Law for a free, no-obligation consultation.
Why Choose Rosenblum Law?
