AUTOMOBILE ACCIDENTS

Fault is an important factor in whether or not you and your family members can be compensated for injuries and other losses from an automobile accident.  Just as important is the type of automobile insurance you have. The rights of injured persons to sue for non economic losses in New Jersey is constantly in flux with the legislature frequently revising the law and the Courts interpreting what the revisions mean. In all cases you should contact our office to learn what your rights are.

NO THRESHOLD VS. LAWSUIT THRESHOLD

New Jersey’s No Fault Automobile Insurance Law is aptly named.  The Law and the type of automobile insurance coverage you have may eliminate you and your family members’ right to be fully compensated for automobile accident injuries even if you have “No Fault” in the accident.   All New Jersey automobile policyholders and their families are given a Lawsuit Threshold policy, which costs less.  However, the Lawsuit Threshold policy limits you and your family members’ right to compensation for pain and suffering from an automobile accident.  But you can tell your insurance company you want a No Threshold policy, which does not limit your right to sue but costs somewhat more.  Unless you tell your insurance carrier that you want a No Threshold policy you will be given a Lawsuit Threshold policy automatically.

  If you your insurance company that you want the No Threshold insurance coverage that choice protects your right and the right of your family members to recover money for pain and suffering no matter what the injury.  Your choice is very important, not only for you, but also for your spouse and any children living with you who do not have their own automobile insurance coverage.  Unless you choose a No Threshold policy you will be given the Lawsuit Threshold policy that may result in their losing their right to sue or even make a claim for their injuries against a negligent defendant.

  Think carefully as to whether doing nothing and allowing your insurance carrier to give you the Lawsuit Threshold is worth the money you save. 

  We also urge you now to take a few minutes to look at your current automobile insurance endorsement to see what coverage you have as we have found that several of our injured clients thought they had No Threshold coverage only to learn that they had a Lawsuit Threshold.

  Contact WOLIANSKY & DOYLE, ESQS. if you need to determine which threshold applies to you.  Most importantly, the question of whether anyone's lawsuit is barred by a Lawsuit Threshold is a very technical legal question.  Law is being made every day on this question.  If you or a family member are in any way injured in an automobile accident, do not try to determine for yourself whether or not you have a claim but call the law firm of WOLIANSKY & DOYLE, ESQS. to discuss your claim.