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Guide · New Jersey law · New Jersey

New Jersey's verbal threshold, explained

Updated By Spencer, editorEvery fact cites a source

A standard New Jersey auto policy limits lawsuits for pain and suffering unless the driver chose otherwise in writing. People often call this limit the verbal threshold. With it, you can sue for pain and suffering only after one of 6 kinds of injury, such as a displaced fracture or a permanent injury. Checked October 9, 2026.

Sources: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)

The 6 injuries that pass

With the limit, you can sue for pain and suffering only if the crash caused one of these:

  1. Death
  2. Dismemberment
  3. Significant disfigurement or significant scarring
  4. Displaced fractures
  5. Loss of a fetus
  6. A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement

The law calls an injury permanent when a body part or organ hasn't healed to work normally and won't with more treatment. In a lawsuit, a doctor has to certify it, based on objective clinical evidence such as medical tests.

Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)

Which option you have

Drivers choose their lawsuit option in writing, on the coverage selection form, when they buy a standard policy. A driver who doesn't choose gets the limit.

Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-8.1(a); N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)

What the limit covers, and what it doesn't

LimitedPain and suffering

The law calls it noneconomic loss: pain, suffering and inconvenience. This is what the limit applies to.

Paid first by your own policyMedical bills

Your own PIP pays your medical bills first, whoever caused the crash.

Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b); N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-8.1(a)

When it's worth asking a lawyer

  1. A doctor says the injury may be permanentWhether it's permanent decides most of these claims, and it needs objective medical evidence.Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)
  2. You aren't sure which option you choseYour signed coverage selection form shows it. With no choice on file, the law gives you the limit.Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-8.1(a); N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)
  3. Your deadline is getting closeIn New Jersey, an injury lawsuit generally must be filed within 2 years.Source: N.J.S.A. 2A:14-2(a)

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

Questions people ask

What is the verbal threshold in New Jersey?

It's the limit on lawsuits that standard New Jersey auto policies carry unless the driver chose otherwise in writing. With it, you can sue for pain and suffering only after one of 6 kinds of injury, such as a displaced fracture or a permanent injury.

What injuries meet the verbal threshold?

The law lists death, dismemberment, significant disfigurement or significant scarring, displaced fractures, loss of a fetus and a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.

What counts as a permanent injury?

One where a body part or organ hasn't healed to work normally and won't with more treatment. In a lawsuit, a doctor has to certify it, based on objective clinical evidence.

Does the verbal threshold apply to medical bills?

It limits lawsuits for noneconomic loss, which the law defines as pain, suffering and inconvenience. Your own PIP pays your medical bills first, whoever caused the crash.

How do I know if I have the verbal threshold?

You chose your lawsuit option in writing on the coverage selection form when you bought the policy. If you made no choice, the law gives you the limit.

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