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Many people buying car insurance are unaware that the type of automobile insurance that they buy may affect their ability to sue after an accident. This does not seem comprehensible to most. Some may ask, what does my choice of car insurance have to do with someone else’s negligence?
Several States including New Jersey, require people seeking automobile insurance to elect between a “zero threshold” or “verbal threshold” option.
Verbal Threshold
The Verbal threshold prevents victims (regardless of fault) from pursuing claims unless they have sustained injuries in six limited categories. These are:
(1) Death
(2) Dismemberment
(3) Loss of a fetus
(4) Displaced fractures
(5) significant disfigurement or significant scarring
(6) Permanent injury other than scarring or disfigurement.
An injury shall be considered permanent when the body part or organ or both has not healed to function normally with further medical treatment. The verbal threshold (Tort or Limitation or Lawsuit Threshold) option is offered at a much lower price. While the lower monthly premiums seem appealing to the unwary, victims’ rights are extremely limited under a verbal threshold plan.
Under the Verbal Threshold, the last category is the most problematic for injured claimants. People attempting to show that they have sustained permanent injuries may find themselves in a long protracted battle with wealthy insurance companies and their lawyers. Even in cases where you are barely able to move from severe intractable pain, the experts working for insurance companies will try to show that you are exaggerating your condition.
Zero Threshold
A “Zero Threshold” imposes no imitation on a person’s ability to file a lawsuit for injuries. Individuals with this type of coverage may sue for unreimbursed economic losses and for pain and suffering. The insurance premiums for a zero threshold are more expensive.
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If you select the cheaper verbal threshold option you may find yourself unable to protect your rights after a car accident. This is so even if the other driver is at fault. If you have a fractured arm you may find that no lawyer will accept your case if your fracture was not displaced. A displaced fracture is one where the broken bones are separated. A non displaced fracture is one whereby the broken bones are still aligned. The rationale is that a non displaced fracture will heal in time with immobilization and does not require surgery. Nonetheless, many fractures may take 6-10 weeks to heal resulting in pain, inconvenience and time lost from work.
If you have a large unattractive scar you may be unable to sue if others decide that the scar is not significant to them. Ironically, if you want the scar removed, you may be stuck with the cost since scar removal is a cosmetic procedure that most health insurance companies will not cover.
If you suffer a disfigurement you may be unable to sue if experts determines that the disfigurement is not significant to them. A person who suffers a soft tissue injury (damage to muscles ligaments and tendons such as a sprain or strain ) will be unable to sue despite weeks of agonizing pain and inconvenience. Lawyers usually accept personal injury cases on a contingency basis (attorney will recover fees from proceeds) and are usually unwilling to take a gamble where the financial cost of hiring experts is often more than the case is worth.
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