Limited tort in New Jersey, also known as verbal threshold insurance or lawsuit threshold insurance, may limit a person's ability to recover non-economic damages such as pain and suffering after a New Jersey accident.
However, not all recoveries of non-economic damages are prevented. New Jersey limited tort law permits some exceptions that will allow an injured person to recover pain and suffering damages. One of those exceptions is if the injured person was hurt by a business or commercial vehicle. Limited tort law only applies to no fault auto insurance claims. Commercial insurance policies are not subject to the verbal threshold insurance law. Thus, if you are hit by a business vehicle in New Jersey you may be able to recover full tort damages even if you are covered by a limited tort policy.
Other exceptions to New Jersey limited tort law also apply that may allow a person to recover full non-economic damages after an accident.
Have you recovered damages for pain and suffering with a New Jersey verbal threshold insurance policy? If so, please share your thoughts with others in our comments.