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08-28-2007, 04:06 PM
| | Junior Member | | Join Date: Aug 2007
Posts: 6
| | | NJ lawsuit limitation
What is the name of your state? New Jersey
I was involved in a motor vehcile accident while riding my motorcycle. The other driver was at fault. I sustained injuries (cuts, scrapes, abrasions, including a 4 inch scar on my chin). I have separate policies for my autos versus my motorcycle, all of which are registered in NJ. My auto policy includes the "lawsuit limitation" option. However, my motorcycle policy contains no such clause or condition. I have been told that my auto policy, and its lawsuit limitation, applies to my motorcycle, and therefore limits my ability to sue the at-fault driver. I do not understand why the auto policy is relevant. I maintain a separate motorcycle policy, with a different insurer, and am required to have a special motorcycle endorsement on my driver's license in the State of NJ. Why is the auto policy relevant and why doesn't the specific motorcycle policy take precedence in this case? In other words, why would I be limited in suing the other driver? |
08-28-2007, 04:10 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,040
| | | Who told you this?
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Originally Posted by arazi Quote: |
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08-28-2007, 04:13 PM
| | Junior Member | | Join Date: Aug 2007
Posts: 6
| | | I spoke to an "injury lawyer". He insisted that the two policies are linked and that a lawsuit limitation on my auto policy applies to my motorcycle policy. |
08-28-2007, 04:14 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,040
| | | Are the policies with the same insurance company?
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Originally Posted by arazi Quote: |
I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
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08-28-2007, 04:16 PM
| | Junior Member | | Join Date: Aug 2007
Posts: 6
| | | No. The policies are completely separate and through completely independent insurers. |
08-28-2007, 04:17 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,040
| | | Hmmmmm. I'm having a hard time finding the NJ statutes. Have you tried contacting another attorney?
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Originally Posted by arazi Quote: |
I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
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08-28-2007, 04:24 PM
| | Junior Member | | Join Date: Aug 2007
Posts: 6
| | | No. I have not contacted another attorney at this time. However, this practice claims to be specialists in personal injury and motor vehicle injury cases. They are a local firm with some history in the area, so I figured they would be best for an initial contact. I've searched the web, but can't find any info specific to my question, and how these two different policies would be linked. Specifically, how electing a lawsuit limitation on one policy would dictate a similar election on the other. I would think that a specific policy takes precedence. I could see the limitation applying IF I had been driving a passenger automobile versus a motorcycle, since car insurance typically covers a driver as well as a vehicle. However, we're talking different TYPES of vehicles, with different licensing requirements, and with separate insurance policies. |
08-28-2007, 04:27 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,040
| | | I'm still looking. Does your motorcycle policy ask about limited and unlimited right to sue?
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Originally Posted by arazi Quote: |
I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
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08-28-2007, 04:34 PM
| | Junior Member | | Join Date: Aug 2007
Posts: 6
| | | No. There is nothing on the moto policy declarations that state this or even mention it. However, the policy is strictly liability coverage. Therefore, I would see no reason, based on the motorcycle policy, for me to be unable to sue the other party. Although I do have a facial injury, which is one of the excluded injuries per NJ law, I got the impression that it may not be "significant enough" to win a case by itself. Clearly, if I lost a limb, I could still sue, but hell, I'm glad my injuries were limited. Nevertheless, I want the other driver to pay for all of my out of pocket expenses, medical deductibles, insurance deductibles, loss of wages, and any pain and suffering I can prove based on my injuries. I feel the other driver should be obligated to make me "whole" again... |
08-28-2007, 07:10 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,791
| | | NJ has a lot of restrictions on full tort. Feel free to get a second opinion, but I suspect the first lawyer was right about the limited tort option transferring to both policies. Read the limited tort waiver from your auto policy and see if the wording there helps at all. |
08-29-2007, 02:19 PM
| | Junior Member | | Join Date: Aug 2007
Posts: 6
| | | Thanks. Yes, I did get a second opinion, and it appears that the auto policy lawsuit limitation does carry over to the moto policy. Of course, I can still seek to collect for medical and economic damages, since the lawsuit limitation only applies to pain and suffering. |
08-29-2007, 02:20 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,040
| | | Good research. Good luck.
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Originally Posted by arazi Quote: |
I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
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