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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?

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.

Related NJ Car Accident and Insurance Article: New Jersey's Verbal Threshold or Limitation on Lawsuit-Will it Affect Your Ability to Recover Damages?

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.

Daniel J. O'Brien and White and Williams serve clients in Pennsylvania and New Jersey, including the following areas: Philadelphia, Bucks County, Chester County, Delaware County, Montgomery County, Lehigh County, Luzerne County, Cherry Hill, Trenton, Camden, Morris County, Essex County, Cape May County, Ocean County, Atlantic County, Ocean City.

**DISCLAIMER: This website does not provide any legal advice or create any attorney-client relationship. Each case is unique and requires review by a qualified attorney. Discussion of prior outcomes or results is no guarantee of the same or similar outcomes in current or future cases.