FAQ About New Jersey No-Fault Laws

Every state treats motor vehicle accidents differently. If you are involved in a serious motor vehicle accident in New Jersey, there are different insurance claims procedures which must be followed as compared to a serious motor vehicle accident in New York.

First, in New Jersey, your no-fault coverage follows you. This means that if you own a vehicle, you always use your own insurance company for no-fault benefits (it doesn't matter if you are a driver, passenger or pedestrian). In a New Jersey motor vehicle accident, you have up to $250,000 in no-fault benefits as compared to $50,000 if an accident occurred in New York.

In New Jersey, you are given an option to choose a policy which has a verbal threshold or zero threshold policy.

What Is The Serious Injury Requirement Of A Verbal Threshold Policy?

A verbal threshold policy requires that you have a serious injury, as defined by the following categories of injuries, in order to recover money.

In New Jersey, there is a requirement if you have sustained a serious injury in order to recover money for pain and suffering. In order to recover money, you must have sustained one of the following types of injuries:

  • Death or dismemberment

  • Significant disfigurement or scaring

  • A displaced fracture

  • Loss of fetus

  • Soft-tissue injuries and simple fractures

If you do not satisfy one of the above types of injuries, you cannot recover money for your pain and suffering. You would only be eligible for no-fault benefits.

Why Is It Easier To Recover Under A Zero Threshold Policy?

You also have an option to have a zero threshold policy, which provides that you do not have to have a serious injury in order to recover money for your pain and suffering. You only have to have medical treatment to recover money. It is easier to recover money with a zero threshold policy.

Are There Any Exceptions?

Yes, New Jersey also has a few exceptions for situations where you don't have to have sustained a serious injury in order to recover money. For example, if you were injured in a motor vehicle accident caused by a commercial vehicle or taxicab, you do not have to prove a serious injury. You only have to have medical treatment.

Get Individualized Legal Advice

As you can see, the no-fault laws in New Jersey are different than those in New York.

If you are injured in a motor vehicle accident in New Jersey, you need an attorney who is admitted in New Jersey and is familiar with the laws and court procedures. While my office is in Staten Island, I have been practicing in New Jersey since 1986. I have represented clients who have had displaced fractures, scaring and soft-tissue injuries.

If you were injured in an accident that happened in New Jersey, email or call my office at 347-286-1937 for a free consultation with an auto accident lawyer.