Personal Injury Law in NJ: Uninsured Vehicles

On August 24, 2006, Denise Perrelli and her friend, Geovanni Velverde, were driving south on the Garden State Parkway in New Jersey in Perrelli's uninsured vehicle, when they were involved in an accident with Bridget and Paul Pastorelle. Velverde, who was driving, was killed and Perrelli sustained serious physical and psychological injuries, including a fractured right arm and fractured fingers. In August, 2008, Perrelli filed a personal injury suit against Bridget and Paul Pastorelle, claiming that her injuries were caused by their negligence.

 

The Pastorelles filed a motion to dismiss Perrelli’s suit, arguing that New Jersey law barred her from recovering because her vehicle was uninsured. Perrelli maintained that New Jersey law clearly barred the operator of an uninsured motor vehicle from recovering in a personal injury action, but since she was the passenger in the vehicle, and not the operator, she should be allowed to recover.

The code in question is N.J.S.A. 39:6A-4.5, which reads, in relevant part:

Any person who, at the time of an automobile accident resulting in injuries to that person, is required but fails to maintain medical expense benefits coverage mandated by section 4 of P.L. 1972, c. 70 (C. 39:6A-4), section 4 of P.L. 1998, c. 21 (C. 39:6A-3.1) or section 45 of P.L. 2003, c. 89 (C. 39:6A-3.3) shall have no cause of action for recovery of economic or non-economic loss sustained as a result of an accident while operating an uninsured automobile.

 

The case went to the New Jersey Supreme Court, and on June 1, 2011 it issued its opinion, agreeing with the Pastorelles, and ruling that N.J.S.A. 39:6A-4.5 barred a person who was injured while a passenger in his or her own uninsured automobile from pursuing a personal injury action to recover economic and non-economic damages for those injuries.

Source: Perrelli v. Pastorelle, 204 N.J. 33, 6 A.3d 438

For further details visit New Jersey Personal Injury Attorney or wants an appointment contact New Jersey Accident Attorney here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666
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