Can I Sue After Sustaining an Auto Injury?
You can sue after sustaining an auto injury
under certain circumstances.
If the accident is your fault then you cannot sue.
Even if the accident is not your fault but you purchased a Standard Policy, you were required to elect a "tort option" that will determine if you have the right to make a claim.
You must have selected either the "limitation on lawsuit option" (also known as the "verbal threshold") or the "no limitation on lawsuit option" (also known as the "zero threshold").
The "limitation on lawsuit option" also known as the "verbal threshold" actually limits your rights to make a claim for monetary damages or to file a lawsuit against a careless driver unless you sustain one of the following types of injury:
Death; dismemberment; significant disfigurement or scarring; displaced fracture; loss of fetus; or permanent injury which occurs when a body part has not and will not heal to function normally with further treatment.
The "no limitation on lawsuit option" actually permits you to make a claim or to file a lawsuit against a careless driver for any and all personal injuries.
If you purchased a Basic Insurance Policy before the accident, then you are automatically assigned the "limitation on lawsuit option."
Regardless of the policy you purchased before your auto injury accident, since first consultations with lawyers in accident cases are generally free, you should seek a lawyer's advise as to how to proceed and whether your claim is viable.