T Boned on Driver's Side of My Car...

by Josh

I was in a car accident caused by a woman who ran a red light and t-boned me on the drivers side of my car, totaling my vehicle. I have verbal threshold insurance on my auto and basically I can't have a personal injury claim for minor injuries.

These are my diagnosed injuries: concussion, headaches/migraines, sensitive to light for 3 months now since the accident, neck sprain with severe radiaton to my shoulder and shoulder blade, MRI showing 3 compressed fractures and some minor disc bulging, and a large contusion to my left arm for 3 weeks after the accident.

I've been through 4 weeks of physical therapy, had an injection in my spine to help with pain at the location of the compression fractures, had a neurologist diagnose me with a mild concussion and post traumatic stress syndrome, had an EMG verifying I have pinched nerves and carpal tunnel syndrome (which really hurts at both wrists), and had other CAT scans, X-rays, etc.

All the above keeps from having a normal night's sleep. I'm constantly woken up with headaches, back pain, neck pain, and a weird pain in both arms from the carpal tunnel. I've missed 150 hours of work, but used 150 hours of my paid time off from work. I've also been on Vicodin since the accident.

Does all the above negate my verbal threshold limitation of my auto insurance to sue for injuries?

I'm not one to sue, but I've had a lot of medical issues and I'm inconstant pain. My doctors tell me to get a lawyer. If anything I'd like to process my claim myself I'm just not sure I qualify. I'm not looking to get rich, just what I deserve for my injuries. Thanks for any info you can give.

Visitor Question:
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ANSWER for "T Boned on Driver's Side of My Car...":

Josh (NJ):

The Verbal Threshold, also known as "Limitation on Lawsuit Threshold Option" can be found under the New Jersey Statutes Sections 39:6A - 8

The State of New Jersey Verbal Threshold insurance is an option when purchasing automobile insurance. By choosing Verbal Threshold insurance you will substantially limit your ability to bring a lawsuit for injuries sustained in an automobile accident.

If you are subject to the verbal threshold limitation you are not permitted to recover any damages for your injuries unless you prove, with detailed and supportable objective evidence, that the injuries you suffered satisfy one of the following criteria:


-Dismemberment (loss of a body part)

-Loss of a fetus

-Significant disfigurement or significant scarring.

-Displaced fracture (simple fractures do not satisfy the threshold unless they cause a permanent injury after healing)

-Permanent injury, within a reasonable degree of medical probability

From the facts you present you may not meet the strict guidelines of Section 39: 6A - 8.

You should consult with a personal injury attorney. Most will not charge any fee for an initial office consultation. Reviewing your injuries and the facts with an attorney will afford you a basis upon which to make the best decision.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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