Injured in an Auto Accident – Have You Protected Your Right to Sue?

Posted August 21st, 2014 by .

Categories: Auto Accidents.

auto-accident-insurance-blogIt seems somewhat evident.  You are hurt in an auto accident and it is another party’s fault.  The obvious assumption is you will be awarded compensation from the liable person.  After all, that is what insurance is for, right?  Yes, and no.

Many New Jersey drivers have never even heard of the Limitation on Lawsuit option as it pertains to their car insurance.  Some refer to it as the “verbal” or the “threshold” law.  Premiums can be expensive and most ask their insurance agents to give them proper coverage for the lowest cost.  As a result, many personal car policyholders only carry the Limitation on Lawsuit option.  Unless they specifically “opt out” of it, automobile owners are automatically enrolled in this plan.

What injuries can you recover for under the Limitation on Lawsuit option?  The State of New Jersey, Division of Consumers sums it up for the standard New Jersey policy as follows:

  • loss of body part
  • significant disfigurement or significant scarring
  • a displaced fracture
  • loss of a fetus
  • permanent injury (Any injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment based on objective medical proof.)
  • death

The term “permanent injury” is particularly important when considering a personal injury claim in an automobile accident. A personal injury lawyer can assemble medical records and establish the extent of permanent injury and liability on behalf of an injury victim.  The Law Offices of Anthony Carbone has handled these types of cases for nearly three decades and is familiar with this law and its predecessors.

Is there a way to protect your right to recoup damages for any injury claim resulting from a car accident?  Yes, speak with your insurance agent/company.  Under the No Limitation on Lawsuit Option, you do not have the same limitations imposed as far suing another party who caused an accident.  Your insurance agent can advise you concerning the increased premium.  Your protection is worth the cost.

If you’ve been in a car accident and need legal assistance, contact the Law Offices of Anthony Carbone, PC today for a free consultation.


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