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Toll-free: (877) 944-8396

White and Williams LLP

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I live in PA and got into an accident in NJ. I injured my neck and back. Though I have full-tort, my insurance agent says that because my accident happened in NJ, I am deemed to have limited tort. Is that true and can I sue for my injuries?

 

A:

 

New Jersey car accident law is very complex due to the "Deemer Statute", New Jersey Statutes Annotated Section 17:28-1.4. In a nutshell, if your insurance company is authorized to conduct business in New Jersey, i.e. has an office in New Jersey, then you may be penalized and be subject to "verbal threshold", which is similar to Pennsylvania's "limited tort". Therefore, even though you have full tort on your Pennsylvania car insurance policy, it will not apply when your accident happens in New Jersey and the accident was caused by a NJ resident insured under a NJ car insurance policy.

In general, an injured individual who has verbal threshold cannot file a lawsuit for non-economic damages, i.e., pain and suffering, unless the injury falls into one of the following specific categories:

(1) death;
(2) dismemberment;
(3) loss of a fetus;
(4) significant disfigurement or scarring;
(5) displaced fractures; or
(6) permanent injury.

If you would like to discuss whether your situation and injuries fall under one of the exceptions above, feel free to contact me @ 877.944.8396.


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  • Philadelphia (*Primary)
  • 1650 Market Street, Suite 1800
    Philadelphia, PA 19103
  • Phone: (215) 864-7168
  • Toll Free: (877) 944-8396
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  • 457 Haddonfield Road
    Cherry Hill, NJ 08002
  • Phone: (856) 317-3600
  • Toll Free: (877) 944-8396
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