0 4 Blog If you have been seriously injured in an accident and would like to discuss your potential case with an attorney, call or text us today at 908-352-2323. Consultations with our personal injury attorneys are always free. ******ATTN: Drivers****** You can click here to jump down the page and get right to the bottom-line of what this new law means for you. The New Jersey Insurance Fair Conduct Act (IFCA) The state legislature has passed a bill that will reshape insurance bad faith litigation in New Jersey going forward. Governor Murphy officially signed senate bill 1559 into law recently, which is titled The New Jersey Insurance Fair Conduct Act (IFCA). The Act establishes a private cause of action for claimants who are injured in a motor vehicle accident for insurance bad faith in the handling and payment of claims for uninsured motorist (UM) and underinsured motorist (UIM) benefits. Under the New Jersey IFCA, a claimant may file a lawsuit against an insurer for: an unreasonable delay or unreasonable denial of a claim for coverage or for payment of benefits; or any violation of the provisions of section 4 of a separate statute, the New Jersey Unfair Claims Settlement Practices Act (N.J.S.A. 17:29B-4), which governs unfair methods of competition and unfair and deceptive acts or practices. In addition, the law also notes the claimant shall not be required to prove that the insurer’s actions were of such a frequency as to indicate a general business practice. If the plaintiff establishes that the insurer violated provisions of this Act, plaintiff is entitled to: actual damages caused by the violation of this act which shall include, but need not be limited to, actual trial verdicts that shall not exceed three times the applicable coverage amount pre- and post-judgment interest, reasonable attorney’s fees, and reasonable litigation expenses.” WHAT IS BAD FAITH INSURANCE People purchase insurance to protect themselves against economic losses that they can incur because of property damage and/or personal injuries. as well as protection from lawsuits that could result in economic losses. When a person pays their insurance premiums, they are owed specific duties by the insurer. This includes a duty to provide coverage, a duty to uphold the terms of the policy, and a duty to pay any valid claims that are covered by the policy. In some cases, an insurance company fails to adhere to its implied or express duties that it owes to its insured policy holders. Insurance companies in New Jersey and across the country are held to a high standard because: If an insurance company denies, delays, or undervalues an insurance claim, the policyholder could experience significant financial hardship. Insurance companies are large corporations often worth billions of dollars that employ hundreds of experienced corporate attorneys. This power renders most policyholders defenseless in a legal dispute. IMPLIED DUTY OF GOOD FAITH OR FAIR DEALING All insurance companies have an implied duty of good faith and fair dealing. In a general legal sense, every contract contains an implied duty of good faith and fair dealing. This duty requires that neither party will do anything that will destroy or injure the right of the other party to receive the benefits of the contract. “There is no specific definition, however, of this duty and courts have discretion to determine its scope. When deciding whether the duty of good faith and fair dealing was breached, courts analyze the facts and determine what is fair under the circumstances.” (American Bar Association) As it relates to insurance, the policyholder agrees to pay their premiums and the insurance company agrees to help that policyholder financially in the event of an accident. The implied duty of good faith and fair dealing means the insurance company will not do anything to avoid paying the policyholder’s accident-related costs. THE BOTTOM LINE First, please watch this quick video. Next, double-check your auto insurance policy and ensure you have an adequate amount of Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. We suggest the maximum available, but certainly no less than $100,000 in coverage. Without this coverage, as personal injury lawyers, we are unable to help you if you are in an accident with someone that has little or no insurance. Regardless of how seriously injured you may be, without your policy having UM and UIM protection, there is little we can do to help get you compensation. With this new law, we will be in an even better position to help our clients with UM and UIM protection get compensation for their injuries. If the insurance companies act in bad faith in your case, we will know it and use this new law to ensure they act fairly. Please call us today to discuss any questions at 908-352-2323. Sources: https://www.njleg.state.nj.us/bill-search/2020/S1559 https://www.americanbar.org/ MINTZ & GEFTIC – New Jersey Personal Injury Law Firm FREE CONSULTATIONS AND NO FEE UNLESS WE WIN YOUR CASE All cases involving truck accidents and car accidents require NO FEE unless we are successful in securing you a recovery to compensate you for your injuries and pain and suffering. We give personal attention to all our clients. If you or a loved one has been injured in a car accident, truck accident, rear end accident, pedestrian accident please call or text the best New Jersey injury lawyers today at 908-352-2323. Were you injured as an Uber driver, Uber passenger, Lyft driver or Lyft passenger? We understand the latest laws when it comes to ride-share companies. Call us today for a free consultation. Did you suffer injuries in a car accident while you were working? Call us today at 908-352-2323. Do you prefer contacting our injury lawyers via email, then please click here. If you are a truck driver who was injured while working call us or text us today at 908-352-2323. Prefer contacting our injury lawyers via email? Then please click here. Our injury lawyers serve clients throughout New Jersey. This includes the cities of Newark, Elizabeth, Union, Short Hills, Millburn, Livingston, and Jersey City. We cover Morris, Bergen, Essex, Hudson, Union, and Middlesex counties. Our accident lawyers have offices in Elizabeth, New Jersey, Short Hills, New Jersey and in New York City. We represent clients suffering with spinal cord injury, back injury, burn injury, broken bones, and traumatic brain injury. If you are enduring physical pain and suffering, mental pain and suffering, permanent disability, disfigurement, lost wages, medical expenses, or any other hardship resulting from a truck accident, car accident or pedestrian accident please contact us today for a free consultation. Wan to understand if you have a case and how much your case might be worth? The first step is giving our office a call or texting us at 908-352-2323. You can view some of our results here and check out reviews from our clients here. 4 Motor Vehicle AccidentsNew Jerseypersonal injury Related Posts Is the Blizzard of 2016 on the way? Top Winter Driving Myths As initial forecasts are pointing to the first major winter storm of 2016 hitting our region later this week, it’s a good time to separate facts from fiction when it comes to winter driving. While taking it slow and putting down the cellphone will obviously help drivers avoid motor-vehicle accidents regardless of the road conditions, there are many myths out there when it comes to icy/snowy conditions. The list below was put together by iceroadsafety.com and can be found in its entirety here. 0 0 0 18 Jan 2016 $250,000 for Negligence on part of a Medical Transport Company Our client sustained severe injuries in this negligence case. He suffered a fractured hip resulting in surgery as a result of the neglgience on the part of a medical transport company. On the way to dialysis, the medical transport company failed to properly strap in our client and his wheelchair within the van. After stopping short, our client unfortunately was tossed from his wheelchair and sustained serious injuries. MINTZ & GEFTIC FREE CONSULTATIONS AND NO FEE UNLESS WE WIN YOUR CASE All cases involving truck accidents, car accidents, slip and falls accidents and work-related accidents require NO FEE unless we are successful in securing you… 0 0 0 05 Jan 2022 $150,000 Settlement for Dental Malpractice $150,000 settlement for our client in a dental malpractice lawsuit. A Union County, New Jersey orthodontist failed to properly diagnose and treat the girl resulting in her having to undergo jaw surgery. In addition, our client was put at risk of more dental problems in the future after having to wear braces for too long of time period. (Union County, New jersey 2021) MINTZ & GEFTIC FREE CONSULTATIONS AND NO FEE UNLESS WE WIN YOUR CASE All cases involving truck accidents, car accidents, slip and falls accidents and work-related accidents require NO FEE unless we are successful in securing you a recovery to compensate you… 0 0 0 24 Jan 2022 $125,000 for Serious Injuries from Multi-vehicle Accident Involving Truck Mintz & Geftic’s client, a New Jersey worker, was involved in a multi-vehicle accident. While driving his truck for work, our client was struck by a car that was pushed forward after it was struck by a truck. Our client suffered with serious injuries as a result of the accident. Injuries included herniated C4-5 and C5-6 discs in his neck. Our client underwent epidural injections for pain, as well as physical therapy. The case settled shortly after a settlement conference at Union County Courthouse for $125,000. Our client also received a settlement from this corresponding workers’ compensation case. (Union County, 2019) MINTZ & GEFTIC … 0 0 0 11 Nov 2019 Part 2 – The Painful Facts About Car Accidents and the Lower Back In our last blog, we discussed the various types of lower back injuries that are typically caused by car accidents, slip and falls, construction accidents, and work accidents. We discussed conditions like herniated discs, bulging discs, and pars fractures, all of which cause lower back pain. Diagnostic tests are helpful tools used to determine the specific cause of the lower back pain. However, arriving at an accurate clinical diagnosis requires that any diagnostic test be correlated with the patient’s back pain symptoms and physical exam. The most common diagnostic tests include : X-Ray: This test provides information on the bones in the spine. An x-ray is often… 1 0 1 02 Mar 2016 What Counts as a Permanent Injury After a Car Accident in New Jersey? After a serious car accident, many people are told their injuries are “soft tissue,” “degenerative,” “not serious enough,” or “covered by PIP.” That can be confusing and frustrating, especially when the pain does not go away, doctors are recommending injections or surgery, or the injury is affecting work, sleep, family responsibilities, and everyday life. Quick Answer: In New Jersey, a permanent injury after a car accident generally means that a body part or organ has not healed to function normally and is not expected to heal to normal function with further medical treatment. This issue is especially important when the injured person has the… 0 0 0 09 Jun 2026 New Jersey “Transportation Armageddon” Hello fellow New Jersey drivers. Just a few quick questions for you. How would adding 72,000 commuters PER DAY to New Jersey’s highways affect you? Have you ever sat in traffic in New Jersey trying to get to the Lincoln Tunnel? What would increasing that Lincoln Tunnel traffic by an additional 25 MILES into New Jersey mean to you? I’m guessing some of your possible answers were: Question 1 How the bleep do you think it would affect me? How expensive is a helicopter and how long before I can learn to fly one? How’s the job market and home prices in Montana… 0 0 0 31 Aug 2016 The Painful Facts About Car Accidents and the Lower Back Whether you are in a small fender bender in a parking lot or a high speed crash on the Garden State Parkway or New Jersey Turnpike, car crashes at any speed or impact often result in lower back injuries. After a car accident, back pain can sometimes set in right away. However, in many cases, back pain isn’t evident until weeks after the accident. In fact, many of the clients we have seen over the years at Mintz & Geftic have experienced this delayed onset of lower pack pain, often days or weeks after their accident. While many of our client’s back injuries have… 0 0 0 24 Feb 2016 $210,000 for Injuries from Multi-Vehicle Accident Mintz & Geftic’s client suffered serious injuries in a multi-vehcile accident when his vehicle was struck by a commercial truck in Elizabeth, New Jersey. resulting in a serious shoulder injury and ultimately undewent arthroscopic shoulder surgery to repair a labral teat and other shoulder injuries. As a result of this truck accident, our client suffered a serious shoulder injury. Ultimately he underwent arthoscopic surgery and required additional treatments to help with his pain and suffering. The case settled for $210,000. (Union County, 2021) MINTZ & GEFTIC FREE CONSULTATIONS AND NO FEE UNLESS WE WIN YOUR CASE All cases involving truck accidents, car accidents, slip… 0 0 0 14 Dec 2021 What If My Medical Bills Exceed Insurance in New Jersey? After a serious car accident, many people assume that insurance will automatically cover all of their medical bills. Unfortunately, that is not always how it works. In New Jersey, medical bills after a crash may involve several different types of insurance, including Personal Injury Protection, health insurance, liability insurance, and possibly uninsured or underinsured motorist coverage. If you were injured in or around Elizabeth, Union County, or Essex County, or anywhere throughout New Jersey, it is important to understand what may happen when medical bills exceed the available insurance. 💰 Why Medical Bills Can Add Up Quickly After a Car Accident Even a single… 0 0 0 13 May 2026 Part 3 – The Painful Facts About Car Accidents and the Lower Back This is the third blog in our series on lower back pain typically caused by slip and falls, construction accidents, work accidents, car accidents, truck accidents, and other crashes that occur regularly on the highways of New Jersey. In the first blog, we discussed the different types of lower back injuries like herniated discs, bulging discs, and back fractures, and in the second blog we discussed the common diagnostic tests such as x-rays, CT scans, MRI scans, and nerve studies or EMGs. Here, we will tell you about the types of treatments that victims of these accidents often undergo to help find relief. The initial… 0 0 0 08 Mar 2016 Compensatory Damages Explained When someone is seriously injured in a car accident or truck accident they may be entitled to financial compensation for their injuries. If someone suffers major injuries from a pedestrian accident or a New Jersey worker is badly hurt in a slip and fall accident, they can recover financial compensation for their injuries. Monetary damages are paid to the injured person (plaintiff) by the person or company who is found to be legally responsible for the accident (the defendant or their insurer). When it comes to most personal injury lawsuits, these monetary damages are referred to as compensatory damages. Compensatory Damages As the name… 0 0 0 14 Mar 2019 Top 10 Most Dangerous Jobs in New Jersey Elizabeth, New Jersey Workers’ Compensation Lawyers As the premier workers’ compensation lawyers in Elizabeth, New Jersey, we at Mintz & Geftic have been representing the hardworking men and women of New Jersey for over 25 years. In this time, our workers’ comp lawyers have represented clients from all different industries who have suffered from work-related injuries. This list includes construction workers, factory workers, truck drivers and many others that suffered some kind of personal injury while working. Who is at Risk? With all of our workers’ compensation experience, we can tell you that every single job contains some level of risk when it… 0 1 0 22 Jun 2016 Valentine’s Day Lawsuits Roses are Red, Violets are Blue, And Valentine’s Day is a Time People Sue Valentine’s Day is a day when many people like to share their love. Whether it’s with a significant other, their children or a good friend, people often exchange warm greetings, card and sometimes gifts. Of course, to a number of husbands and boyfriends out there, the day also represents another mark on the calendar that can ultimately lead to the doghouse if not handled properly. Regardless of how we feel about this “Hallmark Holiday”, as Americans it represents a traditional way for us to contribute to the economy and benefit… 0 0 0 13 Feb 2016 Generators – Pros, Cons and Lawsuits We have already seen record-setting snowfall across much of New Jersey this winter. Now, in addition to more snow in the forecast, meteorologists are predicting significant icing in the next couple of rounds of storms. Residents of New Jersey clearly understand the impact of ice storms. Roadways turn into a dangerous skating rink. The number of serious car accidents increases. The number of serious injuries from slip and fall accidents increases. And, of course, the number of power outages skyrockets. There are two words that power companies never want to hear in the winter. freezing rain. Utility workers will be working hard, risking work-related injuries… 0 0 0 16 Feb 2021 Leave a comment Cancel replyYou must be logged in to post a comment.
