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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?

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

Posted

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.

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Posted

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 relationship.

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2 comments

Jeffrey E Strauss

Jeffrey E Strauss

Posted

I could not agree more!!! The limitation of Lawsuit law is terribly restrictive. You have to have one of 6 types of injuries to recover. 5 are rather obvious but the 6th requires a permanent injury. For most NJ crashes that use that category or type of injury it has to be proven and the insurance carriers and attorneys fight it...and the jurors are skeptical! I agree with Michael, let Trenton know, let your legislator know!

Michael A Ferrara Jr

Michael A Ferrara Jr

Posted

Thanks jeff

Posted

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 relationship.

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3 lawyers agree

Posted

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 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

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 the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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7 lawyers agree

Posted

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

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Posted

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-client relationship***

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Posted

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 thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.

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