I was rear ended and have neck and shoulder pain. Can I sue even though I have a limitation on lawsuit on my insurance policy?

Asked over 1 year ago - Pleasantville, NJ

I was sitting at a traffic light when I was rear ended and the people that hit me are from out of state. I've seen a chiropractor and he wants me to see a specialist. I've had a headache since the accident that won't quit.

Attorney answers (8)

  1. Yolanda Navarrete

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 90% of our cases are limitation on lawsuit cases. This is because most insurance agents in N.J. sell you this type of policy unless you request otherwise. The truth is that I can't tell you whether I feel your injuries would pierce the threshhold without reviewing your medical reports. Be sure to see specialists recommended.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . See the specialist, as you may have a more serious injury. Get an MRI if necessary.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. Michael A Ferrara Jr

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . Many lawyers will not touch these cases because you have to be hurt REALLY badly for your claim to survive. The insurance companies own NJ so whether a D R or I. Let Trenton know you're not happy with this lousy law.

    Please note that these answers are provided as a community service and are not meant to create an attorney-client... more
  4. Michael A Ferrara Jr

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . Many lawyers will not touch these cases because you have to be hurt REALLY badly for your claim to survive. The insurance companies own NJ so whether a D R or I. Let Trenton know you're not happy with this lousy law.

    Please note that these answers are provided as a community service and are not meant to create an attorney-client... more
  5. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . The law in the state where the accident occurred will control. I believe that NJ is a no fault state, in which case you would have to follow no fault rules as to whether you can sue or not. If NJ is not no fault, then you have the right to sue for all medical expenses, lost income and pain and suffering caused by the collision. A separate question would be whether your auto insurance, health insurance, or both are available to pay for your specialist evaluation.

    Good luck.

  6. Michael Shemtoub

    Contributor Level 17

    3

    Lawyers agree

    Answered . You should contact a local attorney.

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more
  7. Andrew S Blumer

    Contributor Level 10

    Answered . First, I agree you need o see the specialist your chiropractor is recommending.

    Second, you need to preserve evidence. Take photographs of the scene and the visible property damage and, if you have any visible bruising, etc., take those as well.

    Third, you need to review your tort threshold to see what you are dealing with and also confirm what type of vehicle the other driver was in when you were hit (i.e a commercial vehicle or a private passenger vehicle) to see what applies here.

    Planning at every step is critical.

    Do not speak o the other driver or his/her insurance carrier until you have spoken to a qualified litigation attorney.

    Feel free to search me on AVVO if you wish. Good luck.

    -Andrew Blumer, Esq.

    ***DISCLAIMER: the providing of this information does not constitute legal advice and does not create any attorney-... more
  8. Michael David Lindner Jr

    Contributor Level 14

    Answered . Limitation on lawsuit auto claims are very difficult to win, so many lawyers will turn down most of them. However, it is difficult to state whether you could win your case without seeing your medical records.

    Occasionally, even though you have the limitation on lawsuit option, there are times that it does not apply.

    One is where the defendant (the person who rear-ended you ) has insurance from a company that does not do business in the state of NJ – although that is rare since most insurance companies do business here, the fact that the car that hit you was from out of state, at least raises it as a possibility.

    Second, you didn’t mention what type of vehicle hit you, but if it was a commercial vehicle of some type, then the limitation on lawsuit does not apply either.

    Regardless of whether you have a lawsuit, makes sure that you get the treatment that you need and your doctors recommend.

    Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a... more
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