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New Jersey Verbal Threshold: Which Injuries Let You Sue After a Crash

By AutoInsuranceBundle.pro · Published November 1, 2026

Short answer: With New Jersey's limitation on lawsuit option, you can sue for pain and suffering only if your injury is death, dismemberment, significant disfigurement or scarring, a displaced fracture, loss of a fetus, or a permanent injury. A physician must certify the injury based on objective clinical evidence. Your medical bills are still paid by PIP under either lawsuit option.

Every New Jersey auto policy includes a choice that many drivers make without noticing: the lawsuit option. You can keep an unlimited right to sue another driver for pain and suffering, or you can choose the limitation on lawsuit option, often called the verbal threshold, in exchange for a lower premium. The choice matters only after you are hurt, which is exactly when most people first look it up.

The short video below covers the basics in about half a minute. It uses licensed stock footage of roads, paperwork and medical records, not footage of any real crash or patient. The full guide follows.

What the limitation on lawsuit option does

The rule comes from N.J.S.A. 39:6A-8(a). If you chose the limitation on lawsuit option, you cannot recover non-economic damages, meaning pain and suffering, from the driver who caused the crash unless your injury falls into one of six categories set out in the statute.

The New Jersey Department of Banking and Insurance (DOBI) explains the tradeoff on its coverage checklist: the limited option costs less than the unlimited right to sue. The DOBI Basic Policy page notes that the low-cost Basic Policy comes with the limited right to sue.

The six injury categories

The permanent injury category is the one argued about most. The statute says an injury is permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment. Courts read the list closely. In Johnson v. Scaccetti (2007), for example, the New Jersey Supreme Court addressed whether chipped teeth counted as displaced fractures and held that they did not.

The doctor certification rule

Meeting a category is not enough on its own. Under the same statute, the injured person must provide a certification from a licensed treating physician or a board-certified licensed physician. It must be filed within 60 days after the defendant answers the lawsuit, made under penalty of perjury, and based on objective clinical evidence. The court can allow one additional 60-day period for good cause. Objective evidence means medical findings that can be confirmed, not only a description of pain.

What the limited option does not take away

The verbal threshold limits pain-and-suffering claims. It does not cut off everything:

• Medical bills. The DOBI Buyer's Guide explains that your medical expenses are paid by your PIP coverage regardless of which lawsuit option you pick.
• Economic damages. The same guide notes that the limitation on lawsuit option does not affect your right to sue for economic losses, such as costs not covered by insurance.

State rules vary, so other no-fault states use different thresholds. Call (888) 217-5854 for free quotes that show the price of each lawsuit option.

Step-by-step: if you were hurt with the limited right to sue

1. Find your lawsuit option. It is shown on your declarations page or coverage selection form.
2. File your PIP claim with your own insurer for medical bills.
3. Follow your treatment plan and keep every appointment. Gaps in care can make a permanent injury harder to prove.
4. Ask your doctor about objective tests, such as imaging, that document the injury.
5. Keep a record of bills, wage losses and out-of-pocket costs, which count as economic damages.
6. Get legal advice early if you think your injury may fit one of the six categories, because the certification deadline runs after a suit is filed.

Choosing your lawsuit option at renewal

The lower premium for the limited option is real, but so is the restriction. Before your next renewal, ask for quotes with both options so you can compare the actual dollar difference against the right you would give up. Your insurer must let you choose.

FAQ

What is the verbal threshold in New Jersey?

It is the common name for the limitation on lawsuit option. If you choose it, you can sue for pain and suffering only when your injury fits one of six categories in N.J.S.A. 39:6A-8(a).

Does the limited right to sue affect my medical bills?

No. According to DOBI, your medical expenses are paid by your PIP coverage no matter which lawsuit option you selected.

What counts as a permanent injury?

Under the statute, a body part or organ that has not healed to function normally and will not heal to function normally with further treatment, certified by a physician using objective clinical evidence.

Who has to certify my injury?

A licensed treating physician or a board-certified licensed physician, under penalty of perjury, within 60 days after the defendant answers the complaint. One 60-day extension is possible for good cause.

Can I change my lawsuit option?

Yes, you can choose a different option when you buy or renew a policy. The change applies going forward, not to a crash that already happened.

Questions about your coverage? Call a licensed agent at (888) 217-5854 to compare free quotes.

Important: This article is general information, not legal, tax, or insurance advice, and coverage rules vary by state, insurer, and policy. AutoInsuranceBundle.pro is a free, independent insurance comparison and referral service. We are not an insurance company, we do not issue policies, and we do not provide insurance advice. Calls to the number on this site are routed to licensed insurance agents or agencies in our partner network, who may receive compensation. Calling is completely voluntary and there is no obligation to buy. Rates, discounts, and availability vary by carrier, state, and individual eligibility; not all carriers, products, or discounts are available in all states. Calls may be recorded for quality and compliance purposes.