Have I Given Up The Right To Sue After An Accident?

In New Jersey, a vehicle owner can pay a lower auto insurance premium by selecting the "limited tort" or "verbal threshold" option. But by making the selection, instead of the "full tort" option, the insured is giving up certain rights to sue for pain and suffering.

If the insured has opted for the limited tort, and he or she is injured through the negligence of another driver, that person may not win a personal injury lawsuit against the other driver.

The exception is if the injury results in:

  • Death
  • Dismemberment
  • Significant disfigurement or significant scarring
  • Displaced fractures
  • Loss of a fetus
  • A permanent injury within a reasonable degree of medical probability

The liability coverage protects the insured against property damage or personal injury resulting from the insured's negligence. Uninsured and underinsured motorist coverage protects the insured against damage or harm caused by another driver who does not have insurance or who the law deems to be "underinsured." A driver is "underinsured" if the limit of the liability on his or her insurance policy is less than the underinsured limit on the injured party's insurance policy.

PIP, which is sometimes referred to as "no-fault" or "first-party" coverage, protects those people covered under the insurance policy who are injured in an automobile accident. PIP has two parts, medical expense coverage and optional additional coverage such as reimbursement for lost wages and the need to hire someone to perform tasks that would have been performed by the injured person.

An insured who also has health insurance may decide to designate the health insurance company as the primary source of medical care if the insured is injured in an automobile accident.

Call Katkocin Law Office For A Free Consultation With A Lawyer

As a highly experienced attorney, I can help you work through this overwhelming part of the law and determine whether you have a claim. Contact me at my office in Medford, New Jersey, at 856-283-0800. If you prefer, send me an email.