Legally speaking ...
JUDGE AND SON : You and Your Auto Insurance
By: Anthony V. Locascio, Esq
and
Louis F. Locascio, J.S.C., Ret.
Recently my father, Lou, retired as a Superior Court Judge from the Monmouth County Courthouse. As a son, I was both blessed and honored to have my dad join me at my office. While he will be working with me on many different cases as "of counsel," I thought it would be interesting for my readers to hear his own "view from the bench" per some of the upcoming articles.
Despite the fact that you are paying for "insurance," if you are not careful in your selection of an auto insurance policy you are actually risking a potential disaster. Every automobile owner in this state is required, by law, to maintain insurance on that vehicle. However, there is specifically dangerous provision on your policy which may affect any ability to receive money for injuries you have received EVEN IF THE ACCIDENT WAS NOT YOUR FAULT! If you have a provision called, "verbal threshold," "limitation threshold," "lawsuit threshold," or "limited right to sue" be very cautious.
Here is an analysis between father and son of the potential result.
Judge: In view of the countless cases tried before me in the civil division here is the typical scenario: plaintiff is rear-ended after another driver runs a red light. He goes to the ER and is subsequently sees a medical doctor or a chiropractor, has some diagnostic tests done (such as an x-ray, a CT scan, or an MRI), and obtains a regimen of physical therapy. After approximately one year, there is nothing more that can be done medically to relieve his daily pain. So, to recover for his past and future pain ( his medical bills are paid by his own insurance company), he sues the person that rear-ended him. However, believe it or not, he may not be able to recover, because of his own insurance policy.
If his policy carried the "verbal threshold," "limitation threshold," "lawsuit threshold," or "limited right to sue," he must convince a jury that he sustained a permanent injury, i.e. an injury to a body part or organ ( in this case, the neck) which has not healed to function normally and will not heal to function normally with further medical treatment.
Son: Tell them what evidence the jury considers.
Judge: Besides the testimony of the parties (both drivers) and any photos of the cars' damage, each side calls a doctor as a witness, to testify, in their opinions, what the diagnostic films show and what they do not show, i.e. medical evidence of an injury.
Son: Typically, who usually wins.
Judge: In most of the verbal threshold cases I've tried, the jury finds either that the plaintiff's injury was not caused by the accident or, if it was, it is not permanent.
Son: This means the innocent injured person receives nothing, and the insurance company for the negligent driver pays nothing.
Judge: Correct. This is why the public needs to be educated as to the full effect of their own auto policies.
Son: Thus, to all my readers, their friends and relatives : don't let this happen to you. If you have any questions about your current insurance policy and the ramifications its provisions, call my office and bring me your policy! As it is my goal to educate my readers of this dangerous scenario, my father and I will be happy to sit with you free of charge, to discuss your options.
Remember, the insurance you select should help you sleep at night....not give you nightmares.
Thus, to all my readers, their friends and relatives : don't let this happen to you. If you have any questions about your current insurance policy and the ramifications its provisions, call my office and bring me your policy! As it is my goal to educate my readers of this dangerous scenario, my father and I will be happy to sit with you free of charge, to discuss your options. Correct. This is why the public needs to be educated as to the full effect of their own auto policies. This means the innocent injured person receives nothing, and the insurance company for the negligent driver pays nothing. In most of the verbal threshold cases I've tried, the jury finds either that the plaintiff's injury was not caused by the accident or, if it was, it is not permanent. Typically, who usually wins. Besides the testimony of the parties (both drivers) and any photos of the cars' damage, each side calls a doctor as a witness, to testify, in their opinions, what the diagnostic films show and what they do not show, i.e. medical evidence of an injury. Tell them what evidence the jury considers.
If you have a general legal question you would like discussed, please type or print clearly and send your question to ... The Journal at PO Box, 422 Colts Neck, New Jersey 07722 or you may email your questions to cnjournal@msn.com or to Anthony at anthony@goldandalbanese.com. The names of persons submitting questions, and the specific subject matter shall be kept strictly confidential.
This article is meant for informational purposes only, and is not legal advice. No representations or warranties are made with regard to the accuracy or content of this information. Always contact an attorney before taking any legal action.
ANTHONY V. LOCASCIO is Certified by the Supreme Court of New Jersey as Civil Trial Attorney and is an attorney with the firm of GOLD, ALBANESE &, BARLETTI with offices in Red Bank (732-936-9901), Morristown, New York, and Boston, Massachusetts LOUIS F. LOCASCIO, J.S.C., Ret. is retired from serving 17 years as a Superior Court Judge in Monmouth County where he sat in all divisions: Civil, Criminal and Family. He is currently working as "of counsel" with his son on all matters.
