April 18, 2012
New Jersey Automobile Insurance Policies Affect Your Rights
In New Jersey every year or twice a year, we all have to make decisions on our car insurance policies. While we are all concerned about our premiums it is important to know that your decisions will effect your rights if you have an accident. Most of us think that they will never be in car accident, motorcycle accident, bicycle accident,pedestrian accident or truck accident. However unfortunately a serious accident can occur at any moment. Therefore you should carefully review the different policy provisions when selecting what coverage is best for you and your family taking into consideration not only the premium but also your income, occupation, private health coverage available, and assets. One of the clauses, the lawsuit threshold, governs your rights to sue even if you did nothing wrong. If you select a limitation lawsuit threshold which was formerly known as a verbal threshold it will limit your rights to sue and you must meet certain criteria. Unless you have sustained a very serious injury such as an amputation or disfiguring injury you will have to prove with objective evidence such as a MRI, xray, cat scan, myelogram or other diagnostic testing, that you have a permanent injury that will not heal to function normally with further medical treatment.
Your treating or evaluating doctor must certify to the permanency of your injury based on objective evidence. As consumers we all should be aware of this very high legal standard and make sure we consider the significant implications of this part of the policy. We advise all of our clients, if possible to select the no threshold limitation or zero threshold. Even though the no limitation lawsuit threshold or zero threshold costs more money, if you or your family does have an accident you will not have to meet this high legal burden.