When you select the “limitation on lawsuit” or “verbal” threshold on your auto insurance coverage, you have essentially limited your right to sue for non-economic losses arising from an auto accident, unless you suffer at least one of six types of injuries:
- significant disfigurement or scarring
- a displaced fracture
- loss of a fetus
- a permanent injury
Thus, even if you suffer a significant permanent soft-tissue injury to your spine or joints, your case may still get dismissed. One way to overcome the threshold is to show, through expert testimony, extensive and consistent treatment through the day of trial.
When you choose the “Verbal Threshold” you have not only limited your right to sue, but you have also limited the right of your spouse and/or children to maintain a lawsuit as well. Fortunately, your election to limit your right to sue will not apply to your parents and/or grandchildren who live with you. Nor will your election apply to listed drivers who are not immediate family members.
Rather than limit your rights and those of your resident family members, elect the “no limitation on lawsuit” or “zero” threshold on your auto insurance coverage. The “zero” threshold permits you to sue for non-economic damages without limitation.