Third Party Claims

Question 1

3d Party claims- covered v covered

Answer 1

may be brought for noneconomic damages only if driver was negligent and injuries exceed no-fault threshold
Claims for economic damages may be brought regardless of threshold

Question 2

3d Party claims covered v non

Answer 2

injured insured must show that the uninsured motorist at fault, and meet the injury threshold

If insured settles with uninsured without written consent of insurer, may preclude claim for uninsured motor benefits

Question 3

3d Party claims non v non

Answer 3

precluded from no fault benefits

Question 4

Defenses to 3d party claims- comparative negligence

Answer 4

P recovery may be reduced or if more than 50% at fault, precluded

Failure to wear seatbelt may reduce recovery up to 5%

Question 5

Recovery between Insurers

Answer 5

may seek reimbursement only where:
actions occurring out of state or
actions against uninsured owner where vehicle required to be insured or
actions involving intentional tort

1 year SOL

Question 6

Accident in course of employment

Answer 6

may recover both workers comp and no fault, however, the employer may set off the workers comp benefits against the no fault benefits

Question 7

SOL of 3d Party Claims

Answer 7

Generally 3 year on negligence actions

SOL for uninsured can extend up to 6 years
SOL for no fault subrogation can extend up to 6 years
Tolling of statute may occur when the manifestation of a serious injury is delayed (but not when the severity of known injury was simply miscalculated)