Understanding Limited Tort in New Jersey
In New Jersey, car accident victims have the option to choose between Full Tort and Limited Tort when purchasing car insurance. Limited Tort, also known as the 'verbal threshold', restricts the right to sue for non-economic damages, such as pain and suffering, unless certain exceptions apply.
The Limited Tort option can significantly reduce car insurance premiums, but it's essential to understand the implications of this choice. If you've been involved in a car accident and have Limited Tort, you may still be able to recover compensation for economic damages, such as medical expenses and lost wages.
How Limited Tort Affects Car Accident Claims
When you choose Limited Tort, you're essentially giving up your right to sue for non-economic damages unless you meet specific exceptions. These exceptions include death, dismemberment, significant disfigurement, a fractured bone, or a permanent injury. If your injuries meet these criteria, you may be able to pursue a claim for non-economic damages.
It's crucial to note that Limited Tort only applies to non-economic damages. You can still file a claim for economic damages, such as medical bills, lost wages, and property damage, regardless of the tort option you've chosen.
Exceptions to Limited Tort
While Limited Tort restricts your right to sue for non-economic damages, there are exceptions that may allow you to pursue a claim. These exceptions include injuries that result in death, dismemberment, significant disfigurement, a fractured bone, or a permanent injury. If your injuries meet these criteria, you may be able to recover non-economic damages.
Additionally, if the accident was caused by a driver who was under the influence of drugs or alcohol, or if the accident occurred in another state that doesn't have a similar verbal threshold, you may be able to pursue a claim for non-economic damages despite having Limited Tort.
Comparing Full Tort and Limited Tort
Full Tort and Limited Tort are two distinct options available to New Jersey drivers. Full Tort allows you to sue for non-economic damages, such as pain and suffering, without any restrictions. On the other hand, Limited Tort restricts your right to sue for non-economic damages unless specific exceptions apply.
While Full Tort provides more comprehensive coverage, it's often more expensive than Limited Tort. If you're considering which tort option to choose, it's essential to weigh the costs and benefits and consider your individual circumstances.
Seeking Guidance from a Car Accident Lawyer
Navigating the complexities of Limited Tort in New Jersey can be challenging, especially if you've been involved in a car accident. A skilled car accident lawyer can help you understand your rights and options, and guide you through the claims process.
An experienced lawyer can also help you determine whether you meet the exceptions to Limited Tort and can pursue a claim for non-economic damages. Don't hesitate to seek professional guidance to ensure you receive the compensation you deserve.
Frequently Asked Questions
What is the main difference between Full Tort and Limited Tort in New Jersey?
The main difference is that Full Tort allows you to sue for non-economic damages without restrictions, while Limited Tort restricts your right to sue unless specific exceptions apply.
Can I still recover compensation for medical expenses with Limited Tort?
Yes, you can still file a claim for economic damages, such as medical expenses and lost wages, regardless of the tort option you've chosen.
What are the exceptions to Limited Tort in New Jersey?
The exceptions include injuries that result in death, dismemberment, significant disfigurement, a fractured bone, or a permanent injury.
How does Limited Tort affect my car insurance premiums?
Choosing Limited Tort can significantly reduce your car insurance premiums, but it's essential to understand the implications of this choice.
Can I pursue a claim for non-economic damages if the accident was caused by a drunk driver?
Yes, if the accident was caused by a driver who was under the influence of drugs or alcohol, you may be able to pursue a claim for non-economic damages despite having Limited Tort.
Do I need a car accident lawyer if I have Limited Tort?
It's highly recommended to seek guidance from a car accident lawyer to understand your rights and options, and to ensure you receive the compensation you deserve.