Legal Question in Personal Injury in New Jersey

automobile insurance coverage

Our disabled daughter rides with a person who is a Real Life Choices (a state provided service from DDD) provider. We are given a budget from DDD to pay for the person who drives our daughter to various places. We have been told that she is technically our employee. The question is if there is an accident and our daughter is injured is she covered by the person's insurance or are we liable since she is our employee? I assume the person has the minimum insurance required in NJ. The person gets paid a salary and receives money for each mile she drivew while our daughter is in her car. Do I need to see proof of her coverages?


Asked on 2/21/09, 7:54 pm

1 Answer from Attorneys
Mark Strauss Law Offices Of Mark R. Strauss, Esq.

Re: automobile insurance coverage

Typically, the medical coverage follows the person and applies regardless of fault. For example, any coverage of a resident relative will cover her TREATMENT up to 250,000. Her injuries and pain and suffering claim is against the car of the negligent driver. The law prevents you from suing an EMPLOYER but not necessarily an employee. Primary insurance would start with whoever insured the car she was in. If ther was not ample coverage, then you could move to any personal policies that the driver may have. Hope that helps. Call with any questions.

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Answered on 2/22/09, 9:26 am


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