• Vincent Fuccilli

The Right to Sue - Understanding Your Auto Insurance Options


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For the standard auto insurance policy, you must make a choice about the legal rights you will have if you are injured in an automobile accident.


The 2 Choices are 1) Unlimited Right to Sue, and 2) Limited Right to Sue.


UNLIMITED RIGHT TO SUE — Under the No Limitation on Lawsuit Option, you retain the right to sue the person who caused an auto accident for pain and suffering for any injury.


LIMITED RIGHT TO SUE — By choosing the Limitation on Lawsuit Option, you agree not to sue the person who caused an auto accident for your pain and suffering unless you sustain one of the permanent injuries listed below: (Choosing this option does not affect your ability to sue for economic damages such as medical expenses and lost wages.)

  • loss of body part

  • significant disfigurement or significant scarring

  • a displaced fracture

  • loss of a fetus

  • permanent injury (Any injury shall be considered 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 based on objective medical proof.)

  • death

The choice you make affects how much your insurance will cost and what claims will be paid in the event of an accident. The choice you make regarding your right to sue another driver applies to you, your spouse, children and other relatives living with you who are not covered under another automobile insurance policy.


The UNLIMITED RIGHT TO SUE and LIMITED RIGHT TO SUE options only cover lawsuits for “pain and suffering” or non-economic losses. Your medical expenses and some economic losses for injuries in auto accidents will be paid up to the limits of your PIP coverage and are not affected by the choice you make here.


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