Gerald Baker Do I Have the Right to Sue?

Do I Have the Right to Sue? - Gerald Baker

Gerald Baker on Automobile Accident Law


DO I HAVE THE RIGHT TO SUE?      If you are injured in an accident involving another automobile, your legal right to make a claim or file a lawsuit against the other driver will depend upon your choice of coverage. When you purchase your policy, your must choose either the "Limitation on Lawsuit Option" or the "No Limitation on Lawsuit Option."

     If you chose the "Limitation on Lawsuit Option" (also known as the Verbal Threshold), you will not be able to make a claim or file a lawsuut against the person who caused the accident for your pain and suffering (non-economic damages) unless your injuries include a displaced fracture, significant scarring or a permanent loss of function of a body part. If you select the "No Limitation on Lawsuit Option" (also known as No Threshold),  you may make a claim or or file a lawsuit for any injury.

     Your choice of threshold also applies to your spouse or any child who resides in your household (as long as they do not own a car in their own name).

     The "No Limitation on Lawsuit Option" provides you more insurance coverage but costs more money. The "Limitation on Lawsuit Option" costs less money but may provide you with no coverage if you are injured in an accident.

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