Hello dacan,
Before addressing the rest of your query, I looked for some general
definitions:
"No-Fault Auto Insurance
There are different versions of no-fault auto insurance laws in 13
states and Puerto Rico. The idea is to discourage lawsuits by allowing
policyholders to recover financial losses from their own insurance
company without having to prove that anyone is at fault in an
accident. Motorists may only sue for severe injuries and for pain and
suffering if their case meets certain conditions. Eight states,
including Colorado and Utah, require that you meet a minimum dollar
threshold to be able to bring a lawsuit over damages over and above
your economic losses. Florida, Michigan, New Jersey, New York and
Pennsylvania use a verbal description as a threshold (i.e. severe
disfigurement, disability or death). In New Jersey, Pennsylvania and
Kentucky, when they buy insurance, motorists may choose to reject the
lawsuit threshold and keep their right to sue for any auto-related
injuries."
"Verbal (or Descriptive) Threshold
A description of the type of serious injury a person must sustain
before being able to file a lawsuit for damages for bodily injury
against the driver who caused the accident. (See monetary threshold)"
Auto Insurance - glossary of terms
http://www.rmiia.org/Auto/Glossary_of_Terms.htm
Keeping these definitions in mind, I tracked down a directory of State
Insurance Statutes, and have organized the information you've
requested in alphabetical order, by state. I've only included
specific excerpts dealing with the verbal thresholds, but you can read
the entire statutes at the URLs provided.
FLORIDA
-------
Florida Insurance Statutes - 627
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0627/ch0627.htm
"627.730 Florida Motor Vehicle No-Fault Law.--Sections
627.730-627.7405 may be cited and known as the "Florida Motor Vehicle
No-Fault Law."
The verbal threshold definition is as follows:
"627.737 Tort exemption; limitation on right to damages; punitive
damages.--
[...]
(2) In any action of tort brought against the owner, registrant,
operator, or occupant of a motor vehicle with respect to which
security has been provided as required by ss. 627.730-627.7405, or
against any person or organization legally responsible for her or his
acts or omissions, a plaintiff may recover damages in tort for pain,
suffering, mental anguish, and inconvenience because of bodily injury,
sickness, or disease arising out of the ownership, maintenance,
operation, or use of such motor vehicle only in the event that the
injury or disease consists in whole or in part of:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical
probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(d) Death."
MICHIGAN
--------
Michigan Insurance Code of 1956
http://www.michiganlegislature.org/printDocument.asp?objName=mcl-500-3135&version=txt
"500.3135 Tort liability for noneconomic loss; action for damages
pursuant to subsection (1); abolition of tort liability; exceptions;
action for damages pursuant to subsection (3)(d); commencement of
action; removal; costs; decision as res judicata; “serious impairment
of body function” defined.
Sec. 3135.
(1) A person remains subject to tort liability for noneconomic loss
caused by his or her ownership, maintenance, or use of a motor vehicle
only if the injured person has suffered death, serious impairment of
body function, or permanent serious disfigurement. "
NEW JERSEY
----------
New Jersey's Permanent Statutes Database is remarkably user
un-friendly, so to locate the relevant statutes, I searched for
[ "Motor Vehicle" insurance law "New Jersey" ]
The pages of J.David Alcantara explained the statutes and provided me
with the necessary numbers. Attorney Alcantara's page states:
"What is "Verbal Threshold"?
Unless otherwise requested, every auto insurance policy provided to a
consumer in the State of New Jersey is automatically one with the
verbal threshold clause. The consumer must be wary and exercise
his/her option to request the zero threshold protection.
"Verbal Threshold" signifies that for a slightly reduced premium, the
automobile owner still obtains personal injury coverage but is
excluded from receiving damages for certain injuries. N.J.S.A. 39:6B-1
essentially states that:
"Every owner, registrant, operator or occupant of an automobile
....is hereby exempted from tort liability for noneconomic
loss to a person who is subject to this subsection and who
is either a person whi is required to maintain the coverage
mandated by this act, or is a person who has a right to
receive benefits under section .....39:6A-4....as a result
of bodily injury, arising out of the ownership, operation,
maintenance or use of such automobile in this STate, unless
that person has sustained a personal injury which results
in death; dismemberment; significant disfigurement; a
fracture; loss of a fetus; permanent loss of use of a body
organ, member, function or system; permanent consequential
limitation of use of a organ or member; significant limitation
of use of a body function or system; or a medically
determined injury or impairment of a non-permanent nature
which prevents the injured person from performing
substantially all of the material acts which constitute
that person's usual and customary daily activities for not
less than 90 days during the 180 days immediately
following the occurrence of the injury or impairment."
J. David Alcantara, Attorney at Law
http://www.ist.net/dalaw/jda08.htm
Mr. Alcantara's number was apparently mistyped. The statute is
located here:
New Jersey Permanent Statutes Database
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=67814&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={DD95}&softpage=Doc_Frame_PG42
"39:6A-8 Tort exemption, limitation on the right to noneconomic loss.
8.Tort exemption; limitation on the right to noneconomic loss.
One of the following two tort options shall be elected, in accordance
with section 14.1 of P.L.1983, c.362 (C.39:6A-8.1), by any named
insured required to maintain personal injury protection coverage
pursuant to section 4 of P.L.1972, c.70 (C.39:6A-4):
a.Limitation on lawsuit option. Every owner, registrant, operator or
occupant of an automobile to which section 4 of P.L.1972, c.70
(C.39:6A-4), personal injury protection coverage, or section 4 of
P.L.1998, c.21 (C.39:6A-3.1), medical expense benefits coverage,
regardless of fault, applies, and every person or organization legally
responsible for his acts or omissions, is hereby exempted from tort
liability for noneconomic loss to a person who is subject to this
subsection and who is either a person who is required to maintain
personal injury protection coverage pursuant to section 4 of P.L.1972,
c.70 (C.39:6A-4) or medical expense benefits pursuant to section 4 of
P.L.1998, c.21 (C.39:6A-3.1), or is a person who has a right to
receive benefits under section 4 of P.L.1972, c.70 (C.39:6A-4) or
section 4 of P.L.1998, c.21 (C.39:6A-3.1), as a result of bodily
injury, arising out of the ownership, operation, maintenance or use of
such automobile in this State, unless that person has sustained a
bodily injury which results in death; dismemberment; significant
disfigurement or significant scarring; displaced fractures; loss of a
fetus; or a permanent injury within a reasonable degree of medical
probability, other than scarring or disfigurement. An injury shall be
considered permanent when the body part or organ, or both, has not
healed to function normally and will not heal to function normally
with further medical treatment. For the purposes of this subsection,
"physician" means a physician as defined in section 5 of
P.L.1939,c.115 (C.45:9-5.1).
In order to satisfy the tort option provisions of this subsection, the
plaintiff shall, within 60 days following the date of the answer to
the complaint by the defendant, provide the defendant with a
certification from the licensed treating physician or a
board-certified licensed physician to whom the plaintiff was referred
by the treating physician. The certification shall state, under
penalty of perjury, that the plaintiff has sustained an injury
described above. The certification shall be based on and refer to
objective clinical evidence, which may include medical testing, except
that any such testing shall be performed in accordance with medical
protocols pursuant to subsection a. of section 4 of P.L.1972, c.70
(C.39:6A-4) and the use of valid diagnostic tests administered in
accordance with section 12 of P.L.1998, c.21 (C.39:6A-4.7). Such
testing may not be experimental in nature or dependent entirely upon
subjective patient response. The court may grant no more than one
additional period not to exceed 60 days to file the certification
pursuant to this subsection upon a finding of good cause.
A person is guilty of a crime of the fourth degree if that person
purposefully or knowingly makes, or causes to be made, a false,
fictitious, fraudulent, or misleading statement of material fact in,
or omits a material fact from, or causes a material fact to be omitted
from, any certification filed pursuant to this subsection.
Notwithstanding the provisions of subsection e. of N.J.S. 2C:44-1, the
court shall deal with a person who has been convicted of a violation
of this subsection by imposing a sentence of imprisonment unless,
having regard to the character and condition of the person, the court
is of the opinion that imprisonment would be a serious injustice which
overrides the need to deter such conduct by others. If the court
imposes a noncustodial or probationary sentence, such sentence shall
not become final for 10 days in order to permit the appeal of such
sentence by the prosecution. Nothing in this subsection a. shall
preclude an indictment and conviction for any other offense defined by
the laws of this State. In addition, any professional license held by
the person shall be forfeited according to the procedures established
by section 4 of P.L.1997, c.353 (C.2C:51-5); or
b.No limitation on lawsuit option. As an alternative to the basic
tort option specified in subsection a. of this section, every owner,
registrant, operator, or occupant of an automobile to which section 4
of P.L.1972, c.70 (C.39:6A-4), personal injury protection coverage, or
section 4 of P.L.1998, c.21 (C.39:6A-3.1), medical expense benefits
coverage, regardless of fault, applies, and every person or
organization legally responsible for his acts or omissions, shall be
liable for noneconomic loss to a person who is subject to this
subsection and who is either a person who is required to maintain the
coverage mandated by P.L.1972, c.70 (C.39:6A-1 et seq.) or is a person
who has a right to receive benefits under section 4 of that act
(C.39:6A-4), as a result of bodily injury, arising out of the
ownership, operation, maintenance or use of such automobile in this
State.
The tort option provisions of subsection b. of this section shall also
apply to the right to recover for noneconomic loss of any person
eligible for benefits pursuant to section 4 of P.L.1972, c.70
(C.39:6A-4) or section 4 of P.L.1998, c.21 (C.39:6A-3.1) but who is
not required to maintain personal injury protection coverage pursuant
to section 4 of P.L.1972, c.70 (C.39:6A-4) or medical expense benefits
coverage pursuant to section 4 of P.L.1998, c.21 (C.39:6A-3.1) and is
not an immediate family member, as defined in section 14.1 of
P.L.1983, c.362 (C.39:6A-8.1), under a standard automobile insurance
policy or basic automobile insurance policy.
The tort option provisions of subsection a. of this section shall also
apply to any person subject to section 14 of P.L.1985, c.520
(C.39:6A-4.5) and to every named insured and any other person to whom
the medical expense benefits of the basic automobile insurance policy
pursuant to section 4 of P.L.1998, c.21 (C.39:6A-3.1) apply whether or
not the person has elected the optional $10,000 liability coverage
insuring against loss resulting from liability imposed by law for
bodily injury or death provided for in subsection c. of section 4 of
P.L.1998, c.21 (C.39:6A-3.1).
The tort option provisions of subsections a. and b. of this section as
provided in this 1998 amendatory and supplementary act shall apply to
automobile insurance policies issued or renewed on or after the
effective date of P.L.1998, c.21 (C.39:6A-1.1 et al.) and as otherwise
provided by law."
NEW YORK
--------
New York Consolidated Laws
http://assembly.state.ny.us/leg/?cl=52&a=34
"ARTICLE 51 COMPREHENSIVE MOTOR VEHICLE INSURANCE REPARATIONS"
[...]
"S 5104. Causes of action for personal injury. (a) Notwithstanding
any
other law, in any action by or on behalf of a covered person
against
another covered person for personal injuries arising out of
negligence
in the use or operation of a motor vehicle in this state, there shall
be
no right of recovery for non-economic loss, except in the case of
a
serious injury, or for basic economic loss. The owner, operator
or
occupant of a motorcycle which has in effect the financial
security
required by article six or eight of the vehicle and traffic law,
or
which is referred to in subdivision two of section three
hundred
twenty-one of such law, shall not be subject to an action by or
on
behalf of a covered person for recovery for non-economic loss, except
in
the case of a serious injury, or for basic economic loss."
ONTARIO
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I had some difficulty locating the Ontario Auto Insurance Rate
Stability Act of 1996 online. I found explanations of it, including
explanations of the threshold and the law under which one can sue for
damages:
Automobile Insurance in Ontario
http://www.ontariolicences.com/insurance.htm
Auto insurance and the law > Minimum compulsory insurance coverage >
Overview
Ontario
http://www.ibc.ca/templates/icc/icc1.cfm?CFID=1043466&CFTOKEN=95097405&user_id=17&page=806&template=17&resultat=0&order_num=&mot_recherche=&write=0&student_id=0&debut=0&curr_page=1
...and finally located the statute here:
Insurance Act, R.S.O
http://192.75.156.68/DBLaws/Statutes/English/90i08_e.htm#P3100_328992
"Non-pecuniary loss
(5) Despite any other Act and subject to subsection (6), the owner of
an automobile, the occupants of an automobile and any person present
at the incident are not liable in an action in Ontario for damages for
non-pecuniary loss, including damages for non-pecuniary loss under
clause 61 (2) (e) of the Family Law Act, from bodily injury or death
arising directly or indirectly from the use or operation of the
automobile, unless as a result of the use or operation of the
automobile the injured person has died or has sustained,
(a) permanent serious disfigurement; or
(b) permanent serious impairment of an important physical, mental or
psychological function."
I hope this information is helpful to you. If you need further
assistance, just ask for clarification, and I'll be glad to help.
--Missy
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