Whenever an automobile collision occurs, multiple automobile insurance policies can come into play to determine your rights such as payment of the property damage, any medical bills for related injuries or payment for any pain and suffering caused by the other driver’s negligent driving. Most people wrongly assume that the automobile policy covering the tortfeasor (the person who caused the collision) is the most important. However, in Pennsylvania and New Jersey, the automobile policy that has the greatest impact on whether you can exercise all of the rights arising out of a collision is your own policy.
Both Pennsylvania and New Jersey require every person seeking automobile insurance to choose a tort or threshold option. Generally, the choice of a tort option does not affect your rights to bring claims for economic damages such as repairing property damage or payment of your medical bills. However, where the choice of tort option is most crucial and has the greatest impact is in determining whether or not you can bring claim for your personal injuries.
While Pennsylvania and New Jersey use different terminology, both states have mandatory insurance requirements requiring a choice whether or not to limit your rights to make a claim for personal injuries. Pennsylvania insureds choosing not to limit their rights must select “Full Tort.” In New Jersey, the comparable choice is known as “Zero Threshold” or “No Threshold.” Those Pennsylvania insureds who want to limit their rights to make personal injury claims must select “Limited Tort” while New Jersey insureds who want to do the same must choose “Verbal Threshold” or “Lawsuit Threshold.”
The limitation placed on claims for personal injuries by both Limited Tort and Verbal Threshold is that the injuries sustained must be considered serious or permanent in order to be able to pursue a pain and suffering claim against the party who caused those injuries. For both states, the types of injuries that breach the Limited Tort or Verbal Threshold have to be quite serious and have to have a significant impact on the injured person’s ability to do their normal every day activities.
Do not be mistaken. Getting over the Limited Tort or Verbal Threshold is, in the majority of cases, not easy so that those who have chosen these tort options have effectively prevented themselves from recovering any compensation for their injuries.
However, each state has several exceptions to the Limited Tort or Verbal Threshold depending on the facts of your case. Therefore, if you are involved in a motor vehicle collision, it is extremely important to contact an experienced attorney who can determine what Tort or Threshold option applies and whether any exception might be applicable to your case.
For quality legal assistance, contact Flager & Yockey, P.C. Our experienced motor vehicle collision attorneys are eager to assist you or your loved ones with your case. We serve Philadelphia, Bucks, Montgomery, Delaware and Chester Counties and all of Eastern Pennsylvania, including Bethlehem, Allentown, Easton, Harrisburg, Hazelton, Wilkes-Barre, Scranton, Williamsport and the Poconos as well as the entire State of New Jersey.
Remember, your initial consultation is free. You don't pay us unless you win.
Call (215) 953-5200 for your free personal injury consultation today.
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