Limitation on Lawsuits
When New Jersey drivers sign up for automobile insurance, they are offered policy choices that may save or cost them more money. The “limitation on lawsuit” is also referred to as the “verbal threshold” or the “verbal”. Selection of this option is a cost saver for policyholders as it limits the injured party’s right to sue only under certain conditions. To understand more about this option, please take a look at one of our previous articles. In short, this means that your right to sue for injuries must fall into at least one of these categories:
- 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
Right to Sue for Out of State Drivers
The first step in determining an out of state driver’s right to sue is whether the insured’s policy is with an insurance company that does business in New Jersey. The New Jersey Department of Banking and Insurance maintains a list of New Jersey automobile insurance carriers. If your automobile insurance company does not write insurance policies in New Jersey, your right to sue for injuries is not limited.
However, the situation changes if the out of state driver is insured by a company authorized to do business in New Jersey. Specifically, NJSA 17:28-1.4 deals with injured claimants who fall into this category. If your insurer is permitted to do business in New Jersey, your claim is deemed subject to the verbal threshold. This statute is also referred to as the “Deemer Statute”.
Are you an out of state driver involved in a car accident in New Jersey? Contact us to discuss the circumstances of your case. The Law Offices of Anthony Carbone has handled personal injury claims for many years. Even if you believe your options may be limited under the law, it is important to secure legal advice. We will be happy to discuss the viability of your claim.