FREE CONSULTATIONS 856.983.8695

NJ Car Accident Law – Exception to Verbal Threshold: Automobiles not Covered by PIP

Philip Ciprietti, NJ Car & Truck Accident Lawyer

Philip Ciprietti offers clients a genuine interest in their well-being and success and places clients’ interests first in all matters. Since 1982, Mr. Ciprietti has been certified by the NJ Supreme Court as a Certified Civil Trial Attorney.

Review: "His commitment and his willingness to go the extra mile, to fight hard for you make Phil an outstanding attorney. He is the one you want on your side." Read more testimonials.

By a Southampton & Marlton, NJ car accident lawyer.

Many injured drivers in New Jersey are surprised to discover that they may not be able to sue the at-fault drivers after car or truck accidents because of the type of auto insurance policies they have. When drivers buy auto insurance policies, there are many options, i.e., types of coverage, amounts of coverage, etc. One thing drivers have to decide is whether they want “verbal threshold” (a.k.a. limitation on lawsuit) or “zero threshold” (a.k.a. no limitation on lawsuit). Most drivers do not know what verbal threshold is, but often choose verbal threshold because it is less expensive than zero threshold.

Verbal threshold, stated in the simplest way, limits an insured driver’s ability to sue an at-fault driver for non-economic damages or pain and suffering if the driver is injured in an accident. However, the driver may be able to overcome the threshold if his injuries fall within certain injury categories defined by New Jersey car accident/insurance law. For a detailed discussion on the injury categories which overcome verbal threshold, see New Jersey Car Accidents & Verbal Threshold – Can Injured Car Accident Victims Recover Damages?.

New Jersey law also provides a few other exceptions where verbal threshold is inapplicable. One of them is if a person is injured in a car accident caused by a motor vehicle that is not an “automobile” covered by PIP.

Before we discuss what is an “automobile” under the law, PIP must be explained.

PIP pays for medical expenses resulting from injuries sustained by an insured driver in a motor vehicle accident, no matter who is at fault in an accident.

NJ Auto Accident Law – What is an Automobile for Purposes of PIP

N.J.S.A 39-6A-2(a) defines automobile as:

“Automobile” means a private passenger automobile of a private passenger or station wagon type that is owned or hired and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; and a motor vehicle with a pickup body, a delivery sedan, a van, or a panel truck or a camper type vehicle used for recreational purposes owned by an individual or by husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the insured other than farming or ranching. An automobile owned by a farm family copartnership or corporation, which is principally garaged on a farm or ranch and otherwise meets the definitions contained in this section, shall be considered a private passenger automobile owned by two or more relatives resident in the same household.

Therefore, if a NJ driver has verbal threshold and sustains an injury that does not fall in one of the injury categories which overcomes the threshold, he may still be able to sue for non-economic damages if the vehicle that caused the injury is not an “automobile” covered by PIP. Such non-automobiles include commercial vehicles like New Jersey transit buses.

Help After a NJ Motor Vehicle Accident with a Commercial Vehicle

If you have verbal threshold and were injured by a commercial vehicle, you may be able to sue the at-fault driver for non-economic damages. Call our office to schedule a FREE consultation.

DISCLAIMER: This website does not create any attorney-client relationship or provide legal advice.  Read full disclaimer at the bottom of this page.

Car Accident Law Articles

Review of Phil Ciprietti, NJ Accident Lawyer

An Attorney Reviews Philip Ciprietti's Skills "I handled several cases against Phil over the years, both in the fields of automobile negligence and premises liability. In every case, Phil was professional, diligent and courteous, doing whatever he could possibly do to...

What to Do After a NJ Car Accident on the NJ Turnpike and Other NJ Highways

New Jersey car, truck or bus accidents on the NJ Turnpike, the AC Expressway or Interstate 295 are often more serious than auto accidents on local NJ roadways.  The reason is because cars, trucks or buses involved in accidents are traveling at high speeds.  Therefore,...

NJ Residents Injured in Out of State Accidents – Does Verbal Threshold Apply?

NJ Residents Injured in Out of State Accidents Under New Jersey auto injury law, residents of this state who are injured in auto accidents that occur out of state may obtain financial compensation for their injuries and losses. The key issue is the status of the...

NJ Car Accidents- NJ DUI Accidents Caused by Drunk Drivers Often Lead to Serious Injuries & Fatalities – By a New Jersey Car Accident Lawyer

Drivers who are negligent or careless while operating their vehicles, whether it is a car, truck or SUV, often cause serious accidents.  When drivers are drunk or driving under the influence, fatal accidents may result. Two Recent DUI Car Accidents in NJ Earlier this...

NJ Car Accidents in Cherry Hill and Marlton – Dialing While Driving Can Cause Motor Vehicle Accidents

New Jersey drivers face many distractions today. The most obvious distraction is cell phones or smartphones. Other distractions include eating, using a GPS device or changing the radio station. Distractions associated with cell phones and smartphones are talking while...

FREE CONSULTATIONS

    Spam:  

    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.

    OUR OFFICE

    79 S. Maple Avenue
    Marlton, NJ 08053
    Phone: 856.983.8695
    Fax: 856.983.0015
    Toll Free: 800.281.8695

    Google Map/Directions