Rear End Collisions- Verbal Threshold

A recent jury verdict in Essex County emphasizes the importance of having the right insurance if an injured motorist is to receive compensation for pain and suffering even if the other driver is at fault.

In this particular case, a driver was rear ended on the Goethals Bridge in Elizabeth, New Jersey and suffered multiple cervical herniations that were confirmed by MRI test results.

The other driver was clearly at fault because this was a rear end collision.

Unfortunately, the injured motorist did not have the "No Threshold" or "Zero Threshold" endorsement on his policy, and the jury decided that the neck herniations were not serious enough to satisfy the requirement of severe injuries.

Recent New Jersey Court decisions and legislation require that any driver insuring a vehicle in New Jersey make very critical choices when purchasing or renewing an automobile policy.

Unless the "No Threshold" or "Zero Threshold" (which are the same) are selected, the policyholder will be given a "Verbal" or "Limitation" Threshold which may prevent motorists for suing from pain and suffering.

The "Verbal" or "Limitation" Threshold requires very severe injuries which are specifically enumerated by New Jersey State Statute such as death, dismemberment, displaced fracture, loss of fetus, etc.

In the case involving the motorist on the Goethals Bridge, the jury found against the injured motorist. The jury's decision was based upon the "Verbal" or "Limitation" Threshold (which are the same).

Notwithstanding very serious multiple cervical herniations, confirmed by MRI test results, the jury found against the injured motorist because of the "Verbal" or "Limitation " Threshold.