QuestionHi,
We had an auto accident early this month, a New Jersey Transit Bus swerve to our lane hitting the the left side of our Honda Odessey. I, the driver and the front passenger had some minor injuries and we're still on physical therapy up to this time. We've talk to lawyers and they said we cannot file a suit against the Bus Company or the driver because of the what they called "TORT" unless we suffered major injuries or death. So i am concerned about who is going to shoulder our medical expenses (right now we are using our claim no. from geico to go to these Doctor that we are reffered to)and at this time we are not sure how bad is our injury since we haven't gone to some of the test yet. Another concern is i have taken a lot of days off from work because of pain and to go to these doctors already and don't know who's gonna pay for for those time off. We already have the police report and according to it, the bus was the one who caused the accident. We are also concerned that our car's value will be diminished.
Your response will be a great help to us.
Leo
Answer
Dear Leo,
It sounds like you went to an attorney to see if he would take your case, and he did not give you a thorough explanation. He was not interested in talking with you because he felt you did not have a "case". What he means is that the attorney cannot make money unless you have a case in which he can sue for general damages.
I am not licensed in your state, so I did some research so I could try to help you by making things a little clearer for you. New Jersey is one of 13 states that have caved in to the insurance industry and still have no-fault laws.
In your state, your own insurance policy will pay your medical bills and wage loss in accordance with its terms. But I sense you also want general damages, which is what we call an award for pain and suffering and loss of enjoyment of life.
I cannot blame you for being frustrated; your no-fault laws favor the insurance industry. Maybe you should call up your state legislator and ask her why she passed the laws that way in New Jersey.
Here is the basic rule in your state. The medical and wage loss are looked after by your insurance. Then your ability to go after pain and suffering is affected by whether or not you are able to satisfy a verbal threshold.
In your state, this is like a "lawsuit limitation". You cannot sue unless your injury results in any one of the following six conditions. These exceptions constitute limits below which claims for pain and suffering are prohibited. So, if you do not have one of these, you just have to suffer with no compensation. Neat, huh? No wonder Colorado recently got rid of no-fault. In all of the other "at-fault" states, you get compensated for your pain and suffering no matter how little the injury is. Here are your New Jersey limitations, one of which you must have in order to sue:
• Death;
• Dismemberment;
• Significant disfigurement or significant scarring;
• Loss of a fetus;
• displaced fractures; or
• A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. An injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment. N.J.S.A. 39:6A-8..
You can ask your doctor whether or not your injury is permanent. If so, you have a claim. If not, grin and bear it and thank your government for siding with the insurance industry. NO, your New Jersey system does not give consumers any significant advantages in lower premium rates either!
Here is the news on diminished value.
Here are the factors that favor a diminished value claim.
1. Diminished value payments may be warranted where there is significant damage from an accident. There are three risks associated with the repair of this damage, and you may deserve compensation for these risks, BUT ONLY ON CONDITION THAT YOU CAN PROVE THEM.
2. First, there is the INHERENT RISK of diminished value whenever we have a big trauma and repair. It is very likely the case that one will have to reveal the facts of a big accident to any prospective purchaser of his vehicle.
3. Second, it makes a difference what was damaged: FLUFF OR STRUCTURE. What if the repairs were just sheet metal and trim and paint, as opposed to important structural members that were damaged? The existence of structural damage would reduce the value of our imaginary vehicle, even if the repairs were done competently.
4. Third, what if the REPAIRS were NOT DONE to pre-accident standards? This would take an examination by someone knowledgeable, but it might be a good investment. They can spot things you and I would miss, such as paint being where it should not be, panel spacing not being even on trunk, hood, doors, etc, welds not being proper, or important parts being replaced with INFERIOR AFTER-MARKET FOREIGN-MADE PARTS.
That is just about it: the test is what would the market place do about the knowledge of the repairs: would your vehicle bring a lower price, if so, you have to prove why.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the feedback form on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D.
http://www.SettlementCentral.Com
