-- It has been reported that over 90% of drivers in New Jersey elect the “Limitation on Lawsuit” or “Limited Right to Sue” for their auto insurance coverage. The attorneys at the D’Amato Law Firm tell clients, “If you aren’t sure whether or not you elected the Limited Right to Sue, then you probably have.” They further advise clients to contact their insurance carriers to change their policies to “No Limitation.”
In New Jersey you can select the Limited Right to Sue option and save money on your car insurance. But the D’Amato Law Firm warns that doing so also hampers your right to recover money for your injuries. “God forbid, but let’s imagine for a minute that a drunk driver comes barreling down the road and crashes into your minivan with you and your three children in tow,” said Alexa D’Amato Barrera, Esquire. “You would think that no matter what you or your children’s injuries are, you should be able to recover money. That’s not the case if you elected the Limited Right to Sue option.”
The firm works to clear up misconceptions some clients have about this limitation. A small percentage of drivers are fully aware that they have elected the Limited Right to Sue, however they state that they believe it means they can’t recover if they have a relatively minor injury, like whiplash. Drivers injured in an accident could have much worse than whiplash and still not recover. When a collision occurs and the insured has selected the Limited Right to Sue, he or she can only recover money for injuries if they:
· Die;
· Lose a body part;
· Have significant disfigurement or scarring;
· Suffer a displaced fracture (the bones have completely separated);
· Sustain a permanent injury; or
· Their unborn child (fetus) dies.
To illustrate this point, D’Amato Barrera adds detail to her earlier example of that collision with the drunk driver that wasn’t your fault. “Let’s say you have a broken ankle. It’s not displaced, but it is fractured, so you have to stay off of it for a few weeks. Try that with 3 kids! When you return to the doctor, the x-rays show the fracture has healed, but you’re still in pain and have difficulty walking. The doctor sends you to physical therapy for one month. Still, it’s not better, so you have an MRI. The MRI shows that there are no tears or injuries to the ligaments surrounding your ankle. You go back to physical therapy and are then discharged to do home exercises. You would think that you should be able to recover money for your pain and suffering, right? Unfortunately you have elected the Limited Right to Sue on your auto insurance policy. You cannot recover money for your pain and suffering.”
D’Amato Barrera states that she has seen similar fact scenarios many times. “Don’t let this happen to you,” she implores. “If you have selected the Limited Right to Sue, call your auto insurance company immediately and ask them to change your policy to the NO Limitation. Auto insurance policies can be confusing so if you’re not sure what coverage you have and want to talk about it, please schedule an office visit and I will review your policy with you at no charge.”
The D’Amato Law Firm has been representing people who have been injured for over 45 years. The firm represents clients who have been seriously injured in motor vehicle collisions, by defective products, or in a situations where their civil rights were violated. The firm’s attorneys pride themselves in assisting those in need of professional, caring and effective legal representation. For more information visit https://damatolawfirm.com/ or call 609-926-3300.
Release ID: 88990629