Legal Question in Personal Injury in New Jersey

Re: Can one sue a Car Insurance company for BAD FAITH in Deny my Claim

The other replies that you have received are on target. The statute of limitations is of great concern, however, in some circumstances this can be worked around, depending on the situation.

I stronlgy suggest that you contact an attorney directly immediately. You should choose a firm and attorney that is experienced with these cases and that has the resources to fight the case at no cost to you.

If you like, I can be reached at 1-800-34 NJ LAW.

Note that the fact that you were in negotiations with the company may allow us to deal with the statute of limitations.

As to your question of Bad Faith, generally a claim of Bad Faith can only be made by the insured, the person who bought the policy of is a direct beneficiary. There are specific regulations concerning settlement and adjustment of claims and there are soem limited remedies when those rules and regulations are not complied with.

Please advise if we may assist. Best wishes.

Re: Can one sue a Car Insurance company for BAD FAITH in Deny my Claim

In NJ, you have 2 years from the date of accident to file suit. That is known as the statute of limitations. I suggest you contact an attorney ASAP to see if you have any valid reason to ask the court to disregard the statute of limitations.

Re: Can one sue a Car Insurance company for BAD FAITH in Deny my Claim

It sounds as if you have very serious injuries. Even though the Insurance Company has rejected your claim for not meeting the tort threshold under your insurance policy, this does not mean you do not have the right to sue.

However, it also does not mean that your Insurance Company doesn�t have the right to reject your claim. They are entitled to have their doctors and adjusters evaluate your case and offer you no money to settle if they believe your injuries do not meet your selected threshold. That is why you urgently need to speak to an attorney on this matter.

One possible problem you might face in trying to collect any money for your injuries is a defense known as "The Statute of Limitations". This puts a time limit on when you can sue anybody for an injury you received. In NJ there is typically a time limit of 2 years after your accident to file your claim in the courts. IF you miss this deadline you might be barred from filing any lawsuit.

I have more information about this type of lawsuit on my website at Polskylegal,com.

I would be happy to speak with you about this matter further.

David W. Polsky