David Adams Gardner: Over 15 Years of Experience Fighting for Injured Motorists
David Gardner has been representing New Jersey motorists injured in car accidents for over 15 years. His extensive experience in handling automobile accident claims allows him to effectively navigate New Jersey’s no-fault laws, PIP regulations, and insurance litigation strategies. He has helped clients:
- Challenge unfair insurance denials to obtain the medical treatment they need.
- Maximize their financial recovery, even when bound by the “Limitation on Lawsuit” selection.
- Successfully litigate cases against negligent drivers, securing compensation for medical expenses, lost wages, and pain and suffering when legally permissible.
Fight against insurance bad faith tactics, ensuring accident victims are not unfairly denied benefits.
Recovering Compensation After an Accident
Even when a victim qualifies to file a lawsuit, insurance companies aggressively fight claims to limit payouts. These companies utilize scientific formulas derived from extensive work in political and judicial “reform” efforts that have, over the past 30 years, successfully reduced recoveries for injured motorists in New Jersey while increasing insurance industry profits. Through lobbying and legislative influence, insurance companies have tightened restrictions on claims, making it more difficult for injured parties to receive fair compensation. Common challenges include:
- Disputes over the severity of injuries (insurers argue that the injury is not “permanent” to avoid liability under the “Limitation on Lawsuit” rule).
- Low settlement offers designed to force accident victims to accept less than they deserve.
- Delays in processing claims, causing financial strain on injured motorists.
- Medical treatment denials due to New Jersey’s restrictive PIP fee schedule.
New Jersey’s No-Fault Auto Insurance System
New Jersey follows a no-fault auto insurance system, meaning that if you are injured in a car accident, your own Personal Injury Protection (PIP) insurance covers your medical bills, regardless of who was at fault. This system is designed to ensure that accident victims receive prompt medical treatment without the need for lengthy litigation over who caused the crash.
However, this system also places strict limitations on an injured person’s medical treatment options. New Jersey’s PIP fee schedule dictates how much medical providers can charge for treatment related to motor vehicle accident injuries. As a result, any New Jersey resident injured in a motor vehicle accident must receive treatment from providers willing to accept payment under New Jersey’s PIP reimbursement rates. Many providers decline to accept these payments, restricting access to certain specialists and treatment options.
The “Limitation on Lawsuit” Option: How It Affects Your Rights
When purchasing auto insurance in New Jersey, drivers must select between the “Limitation on Lawsuit” option and the “No Limitation on Lawsuit” option.
Most cost-conscious motorists choose the “Limitation on Lawsuit” option to lower their insurance premiums, without fully understanding its consequences. This selection significantly impacts an injured person’s ability to recover damages from the at-fault driver.
Under the “Limitation on Lawsuit” option, an injured motorist can only sue the at-fault party if they suffer one of the following types of injuries:
- Death
- Dismemberment (Loss of a body part)
- Significant disfigurement or scarring
- Fracture
- Loss of a fetus
- Permanent injury (An injury that has not healed to function normally and is not expected to do so)
If your injury does not fall into one of these categories, you cannot recover damages for pain and suffering—even if the accident was entirely the fault of another driver.
By contrast, drivers who select the “No Limitation on Lawsuit” option retain full rights to sue the at-fault driver for all damages, including pain and suffering, regardless of the type of injury sustained.
Know Your Rights After a Motor Vehicle Collision
Understanding how New Jersey’s no-fault insurance system and lawsuit limitations affect your legal options is critical after an accident. If you or a loved one has suffered injuries in a motor vehicle crash, you need an attorney who understands how to overcome insurance roadblocks and fight for your rights.