MVA and home improvement leads in New Jersey

New Jersey MVA leads: PIP and the limitation on lawsuit option

New Jersey requires personal injury protection in every standard automobile liability policy. Under N.J.S.A. 39:6A-4, PIP pays benefits without regard to negligence, liability or fault of any kind to the named insured, resident family members, pedestrians struck by an automobile, and others using the insured car with permission. The Department of Banking and Insurance notes that medical expenses and economic losses are paid up to the PIP limit and are not affected by the lawsuit option the policyholder picked. PIP handles early treatment bills; the value of a New Jersey case sits in the claim for noneconomic loss against the driver who caused the crash.

N.J.S.A. 39:6A-8 offers two tort options. Under the limitation on lawsuit option (the current form of the lawsuit limit long known in New Jersey as the verbal threshold, a term the courts' model civil jury charge 5.33 still uses), an injured person may not recover noneconomic loss unless the injury is 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. The no limitation on lawsuit option keeps the right to sue for pain and suffering for any injury. Under 39:6A-8.1, a named insured who does not elect a tort option in writing is deemed to have elected the limitation on lawsuit option.

The limitation option also carries a proof step. Within 60 days after the defendant answers, a plaintiff bound by it must provide a certification from the licensed treating physician, or a board-certified physician to whom the plaintiff was referred, stating under penalty of perjury that the injury fits one of the listed categories, based on objective clinical evidence. Model charge 5.33 records that, after DiProspero v. Penn (2005), a plaintiff with a permanent injury does not also have to prove a serious impact on his or her life. For buyers, that makes two fields central on New Jersey leads: the tort option on the claimant's own policy, and injury detail such as fracture type, imaging and ongoing treatment. A limitation claimant with a displaced fracture and a limitation claimant with no objective findings are very different leads.

Timing and fault are set by statute. N.J.S.A. 2A:14-2(a) requires an action for an injury to the person caused by the wrongful act, neglect or default of any person to be commenced within two years after it accrues. Under N.J.S.A. 2A:15-5.1, a claimant's negligence does not bar recovery if it was not greater than the negligence of the person, or the combined negligence of the persons, against whom recovery is sought, and damages are reduced by the claimant's percentage. A claimant found more at fault than the defendants recovers nothing, so New Jersey campaigns pair an accident age limit well inside two years with liability filters.

Sub-types, filters and the quality bar are on the MVA leads and car accident leads pages.

Consent records for New Jersey leads

Each lead carries its TCPA consent record (opt-in language, timestamp, IP address and page URL), so the record travels with the lead to your system.

Every New Jersey lead carries the consent record captured at opt-in, built to the federal TCPA standard: the opt-in language the consumer saw, the timestamp, the IP address and the page URL. A buyer can keep that record in its own compliance file and hand it to the law firm or contractor that places the call. This page does not summarize New Jersey telemarketing statutes, so buyers calling or texting New Jersey consumers should confirm how state rules apply to their own program.

Our guide to state telemarketing laws compares the states that add rules on top of the TCPA.

New Jersey lead buying questions

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