Court Rules in Favor of Injured Driver in Underinsured Motorist Case

A Legal Victory for Injury Victims

In Bartsch vs. Geico (A-3580-16T2) the NJ appellate division clarified the legal standard an expert must satisfy to overcome the verbal threshold. It does not require the magic words “permanent injuries within a reasonable degree of medical probably” to overcome the standard. Moreover, a medical expert can testify to medical findings within medical records which is considered a business exemption to the hearsay rule. 

The case highlights the importance of strong legal representation and the complex legal standards that can impact the outcome of such cases.

The Case

The plaintiff, Luzi Bartsch, was involved in an accident caused by another driver who did not have sufficient insurance coverage. She sought underinsured motorist benefits from her own insurance company, Geico. However, Geico disputed her claim, arguing that she had not suffered a “permanent injury” as defined by New Jersey law.

Key Legal Issues

The case turned on several key legal issues:

• Permanent Injury: The court had to determine whether Bartsch’s injuries met the legal definition of a “permanent injury.” This involves specific criteria, including the nature of the injury and the likelihood of recovery.
• Expert Testimony: The weight of expert testimony is crucial in such cases. The court had to assess the credibility and persuasiveness of the medical experts called by both sides.
• Evidentiary Rulings: The admissibility of certain evidence, such as medical records and expert opinions, can significantly impact the outcome of a case.

The Court’s Decision

The appellate court ruled in favor of Bartsch, reversing the lower court’s decision to dismiss her case. The court found that one of Bartsch’s expert witnesses had provided sufficient evidence to establish a permanent injury, when he stated, “I have no doubt” to the question, any doubt that Bartsch sustained a permanent injury to her spine and that her injuries were caused by the car accident.” 

Furthermore, the decision in James v. Ruiz, 440 N.J. Super. 45 (App. Dig. 2015) does not preclude an expert from referencing medical findings within medical records during his/her opinion. 

What This Means for Injury Victims

This case underscores the importance of consulting with an experienced personal injury attorney to understand the legal complexities of underinsured motorist claims. A skilled attorney can help you navigate the legal process, gather evidence, and advocate for your rights.

If you have been injured in a car accident caused by an underinsured driver, it’s essential to seek legal advice promptly. An attorney can help you protect your rights and pursue the compensation you deserve.

Beninato & Matrafajlo Attorneys at Law is committed to helping injury victims. Contact Dan T. Matrafajlo, Esq today for a free consultation.