What Does Limited Tort Mean In Car Accidents In NJ?

When it comes to understanding car insurance options in New Jersey, it’s crucial to know about Limited Tort coverage.

This concept might sound complex, but it’s quite straightforward.

We’ll explore what Limited Tort means, how it works in New Jersey, and the differences between Full and Limited Tort.

What is Limited Tort Car Insurance in New Jersey?

In New Jersey, Limited Tort car insurance is a choice that can save you money on your premiums, but it comes with certain restrictions, especially when it comes to lawsuits after a car accident. Here’s a simple breakdown:

This insurance option is budget-friendly. By choosing Limited Tort, you pay less for your car insurance compared to Full Tort coverage.

However, suing for non-economic damages, like pain and suffering, is limited.

Can You Sue with a Limited Tort in New Jersey?

In New Jersey, if you have Limited Tort car insurance, it changes your ability to sue after a car accident. Here’s what you need to know:

1. Limited Right to Sue: With Limited Tort, you can’t normally sue for pain and suffering, which are non-economic damages. This means you can’t ask for money for things like emotional distress.
2. Suing for Economic Losses: However, Limited Tort doesn’t stop you from suing for actual costs, like medical bills or lost wages. If you’re hurt in a crash on the New Jersey Turnpike, for instance, and you miss work, you can sue to recover your lost income.
3. Severe Injury Exception: If the injury is severe, as defined under New Jersey law (NJSA 39:6A-8a), you might still be able to sue for pain and suffering. This includes permanent injuries like loss of a limb or significant disfigurement.

See also: Difference Between Limited and Unlimited Right to Sue in NJ

How to File a Tort Insurance Claim in New Jersey?

Filing a tort insurance claim in New Jersey can be a straightforward process if you follow these steps:

Immediately Report the Accident

1. Contact your insurance company right after the accident.
2. This is crucial, especially in busy areas like the Garden State Parkway or near workplaces in Newark.

Collect and Document Evidence

1. Take photos of the accident scene, your vehicle, and any injuries.
2. Gather medical reports if you received treatment, say, at Jersey City Medical Center.
3. Obtain a copy of the police report, which is essential for your claim.

File a Claim with Your Insurer

1. Contact your insurance agent to start the claim process.
2. Provide all the collected evidence and details of the accident.
3. New Jersey law, specifically the New Jersey Statutes Annotated (NJSA) 39:6A-4, requires prompt filing for Personal Injury Protection (PIP) claims.

Consult with an Attorney for Limited Tort Claims

• An experienced attorney can guide you on whether your case qualifies for suing under Limited Tort.

Comprehensive Guidelines: Full Tort vs Limited Tort

When choosing car insurance in New Jersey, you have two main options: Full Tort and Limited Tort. These options affect your rights and costs differently.

Full Tort

The cost can range from a few hundred to several hundred dollars annually, depending on the insurer and individual circumstances like driving history, vehicle type, location, and coverage limits.

1. Freedom to Sue: Full Tort lets you sue for pain and suffering if you’re in a car accident. There’s no limit on the kinds of damages you can claim.
2. Cost Implications: Generally, Full Tort coverage means higher insurance premiums. Think of it as paying more for broader legal rights.
3. Example: If you’re driving on the busy New Jersey Turnpike and get into an accident, Full Tort coverage allows you to claim compensation for physical and emotional distress, not just medical bills.

Limited Tort

The cost might range from a few dozen to several hundred dollars, less per year for Limited Tort compared to Full Tort, depending on various factors.

1. Suing Limitations: With Limited Tort, your ability to sue for pain and suffering is restricted. You can usually only claim for actual expenses like medical bills.
2. Cost-Effective Premiums: Limited Tort offers lower insurance premiums. It’s a budget-friendly option.
3. Example: Imagine a minor fender bender near a local workplace like the Princeton University campus. With Limited Tort, you might not be able to claim for stress or trauma unless the injury is severe.

Does Full Tort Work in New Jersey?

In New Jersey, car insurance policyholders have the option to choose Full Tort coverage.

This choice is vital for anyone who values having comprehensive legal rights in the aftermath of a car accident. Here’s what you need to know:

1. Availability: Full Tort coverage is a legal option for all drivers in New Jersey. This means, that if you’re driving down the bustling roads of Newark or through the quiet streets of Cape May, you have the right to select Full Tort coverage for your car insurance.
2. Unrestricted Legal Rights: Choosing a Full Tort gives you the freedom to pursue legal action for non-economic damages after an accident. Whether you’re commuting to work along the New Jersey Turnpike or visiting a local beach, an accident can have significant emotional and physical impacts. Full Tort ensures you can seek compensation for these.
3. Legal Precedence: The option for Full Tort comes under the New Jersey Automobile Insurance Cost Reduction Act. This law allows drivers to choose between less expensive Limited Tort and more comprehensive Full Tort coverage.

Does Limited Tort Offer Full Coverage in New Jersey?

When exploring car insurance options in New Jersey, it’s important to understand the coverage offered by Limited Tort. Here’s a simple breakdown:

Vehicle Damage and Injury Coverage: With Limited Tort, your coverage for vehicle damage or personal injuries from an accident remains comprehensive.

This means if you’re involved in a collision on the busy New Jersey Turnpike or a quiet street in Hoboken, your insurance will cover the costs of repairing your car and any medical expenses.

1. Under Limited Tort, you have a limited ability to sue for non-economic damages like pain and suffering.
2. This limitation applies unless you suffer severe injuries as defined by New Jersey law. For instance, if you’re in a minor fender bender near Newark Liberty International Airport, you might not be able to claim for pain and suffering.

Contacting Car Accidents Experienced Attorney in New Jersey

When you’re in a car accident in New Jersey, especially under Limited Tort insurance, it’s crucial to get the right legal help. Here’s why and how:

Why It’s Important

1. Understanding Your Rights: Laws about Limited Tort can be tricky. A skilled attorney explains your rights, making sure you understand what you can and cannot do under your insurance policy.
2. Guiding Through Claims: An attorney who knows about car accidents and New Jersey roads, like the busy Garden State Parkway, can navigate you through the claims process efficiently.

Finding the Right Attorney

1. Specialization: Choose a lawyer who focuses on car accidents and understands New Jersey’s insurance laws. They’re more equipped to handle cases involving local roads like the NJ Turnpike.
2. Experience and Success: Look for an attorney with a proven track record. How many cases have they won? What do their clients say?
3. Client Reviews: Reviews from other New Jersey residents can give you a good idea of what to expect.
4. Local Knowledge: An attorney familiar with local workplaces and traffic patterns in New Jersey, such as those around major employment hubs like Newark or Jersey City, can provide more relevant advice.
5. Law Group: For expert legal assistance in New Jersey car accident cases, consider consulting with Rosengard Law Group, known for its specialization in car accidents and insurance claims. They offer specialized legal services for navigating Limited Tort car accident claims in New Jersey, ensuring clients understand their rights and receive expert guidance through the claims process.

FAQs

What Happens If Car Accidents Occur Out of New Jersey States?

If a car accident occurs outside of New Jersey, your New Jersey insurance coverage generally still applies, but the ability to sue and the legal proceedings may be governed by the laws of the state where the accident happened.

How Can I Sue with Full Tort in New Jersey?

In New Jersey, to sue with Full Tort, you need to file a lawsuit through the court system, ideally with the assistance of an attorney who specializes in car accident cases.

This allows you to seek compensation for both economic losses and non-economic damages like pain and suffering.

Conclusion

Understanding Limited Tort in New Jersey is essential for any car owner. It impacts your insurance premiums and your legal rights in the event of an accident.

While Limited Tort offers lower premiums, it restricts the ability to sue for pain and suffering unless certain conditions are met. Full Tort, on the other hand, offers more freedom at a higher cost.

Always consider consulting with a specialized attorney to fully understand your rights and options. Remember, being well-informed helps you make the best decision for your situation.