New Jersey Auto Accident Lawsuit

The Right To Sue In New Jersey

New Jersey Auto Insurance Buyers Guide

For the Standard NJ Auto Insurance Policy, you must make a choice about the rights you will have if you are injured in an automobile accident. Will you select The Right To Sue In New Jersey, and have the right to file a New Jersey Auto Accident Lawsuit? The Basic NJ Car Insurance Policy includes the Limited Right To Sue option. The choice you make affects how much your insurance will cost and what claims will be paid in the event of an accident.

The choice you make regarding your right to file a New Jersey auto accident lawsuit against another driver applies to you, your spouse, children and other relatives living with you who are not covered under another automobile insurance policy. The UNLIMITED RIGHT TO SUE in New Jersey and LIMITED RIGHT TO SUE options only cover lawsuits for "pain and suffering" or non-economic losses. Your medical expenses and some economic losses for injuries in auto accidents will be paid up to the limits of your PIP coverage and are not affected by the choice you make here.

UNLIMITED RIGHT TO SUE IN NJ — Under the No Limitation on Lawsuit Option, you retain the right to sue the person who caused an auto accident for pain and suffering for any injury.

LIMITED RIGHT TO SUE IN NJ — By choosing the Limitation on Lawsuit Option, you agree not to sue the person who caused an auto accident for your pain and suffering unless you sustain one of the permanent injuries listed below: Choosing this option does not affect your ability to sue for economic damages such as medical expenses and lost wages:
- 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

WARNING: Insurance companies or their producers or representatives shall not be held liable for your choice of lawsuit option (Limited Right to Sue In NJ or Unlimited Right to Sue) or for your choices regarding amounts and types of coverage. You cannot sue an insurance company or its producers or representatives if the Limited Right to Sue option is imposed by law because no choice was made on the coverage selection form. Insurers and their producers or representatives can lose this limitation on liability for failing to act in accordance with the law. See N.J.S.A. 17:28-1.9 for more information.

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New Jersey Auto Accident Lawsuit

The Right To Sue In New Jersey

New Jersey Auto Insurance Buyers Guide

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