pa driver in a nj accident. other drivers fault. what about my tort options?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 16, 2012

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Insurance Question from Allentown, PA

Asked on 01/16/2012

pa driver in a nj accident. other drivers fault. what about my tort options? we both have the same insurance company albeit different states. I have full tort in pa.As other driver was ticketed as at fault, is there any reason as to why i MAY NOT HAVE FULL TORT IN nj?

Answer given on January 23, 2012

If you were involved in an auto accident in another state, then the insurance coverage should be the same as in your state. If the other party was responsible for the accident, then their insurance should cover your damages and/or injuries. There are some states that are known as ‘no fault’ states. In these states, the insurance for each party pays for the damages of their own vehicle. If NJ is such a state, then your insurance should reimburse you for the damages to your car. YOur insurance automatically reverts to the type of insurance that applies in the state of the accident. If there are injuries, then your policy should pay for the injuries. However, there are thresholds for the amount paid for injuries. When that threshold is met, then you may file suit against the other party. You should talk to your agent or adjuster about how this may apply.

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