Marc S. Rosenberg recommends that Pennsylvania residents obtain full tort benefits. If residing in New Jersey, opting for zero threshold benefits would be the best choice regarding auto insurance. When faced with the situation of needing compensation for pain and suffering, you would not want to leave that decision in the hands of a jury. So acquiring the full tort or zero threshold options are vital in relation to having adequate insurance coverage.
Another factor to consider involves uninsured limits which apply to the situation of another driver who causes the automobile accident but is uninsured. Thus, Rosenberg would recommend that you get reasonable limits of $50,000 to $100,000 or even more in coverage. He also emphasizes the importance of knowing what the issues are so that you can ask the right questions of the insurance companies. Likewise, if you meet with your insurance agent, and you’re still confused thereafter, then it’s extremely important that you consult with your attorney to gain valuable insight about insurance policies, such as which questions need to be properly answered. This consultation helps to avoid a situation of being substantially wronged, but your lawyer can’t help you. So having a clear understanding of what your policy covers is vital should you find yourself needing to file a claim.
Furthermore, Rosenberg has had a hundred or more clients who, unfortunately, had some another legal issue down the road and because they took his advice, were able to gain the compensation that they needed. So according to Rosenberg, these issues are that important.
Different Tort Selections in PA & NJ
When it comes to auto insurance and personal injury claims, Pennsylvania and New Jersey have unique tort systems that can significantly affect a victim’s ability to recover damages after an accident. Both states offer drivers a choice between different tort options—full tort and limited tort—each with its own legal implications.
Pennsylvania: Full Tort vs. Limited Tort
In Pennsylvania, drivers must choose between full tort and limited tort coverage when purchasing auto insurance:
- Full Tort allows policyholders to retain unrestricted rights to sue for pain and suffering after an accident, regardless of the severity of their injuries. This option typically comes with higher premiums but offers greater legal protection.
- Limited Tort, while cheaper, restricts a driver’s right to sue for non-economic damages like pain and suffering unless the injury meets a specific threshold—typically categorized as a “serious injury.” This may include permanent disfigurement, significant impairment, or death. Exceptions exist, such as when the at-fault driver is uninsured or driving under the influence.
New Jersey: Verbal Threshold vs. No Threshold
New Jersey offers a similar structure but uses different terminology—Limitation on Lawsuit Option (Verbal Threshold) and No Limitation on Lawsuit (No Threshold):
- Verbal Threshold (also called the Limitation on Lawsuit option) restricts the policyholder’s ability to sue for pain and suffering unless the injury qualifies under a defined set of serious conditions, such as loss of a body part, significant scarring, or permanent injury. It’s the more affordable option and is selected by the majority of NJ drivers.
- No Threshold coverage allows injured parties to sue for non-economic damages regardless of injury severity. This option has higher premiums but provides broader legal rights.
Understanding tort selection is critical in both Pennsylvania and New Jersey, as it directly impacts your rights after an accident. Choosing the cheaper option might save money upfront but can limit your ability to seek full compensation in a personal injury case. Always review your policy carefully and consult with Rosenberg Law when making these decisions. We have the expertise to help you make the right decisions.
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