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
Call us today! (201) 530-6272

New Jersey Auto Accidents and the Right to Sue

When purchasing a standard insurance policy in New Jersey, a motorist must make a choice concerning the rights he or she will have to sue a driver causing an accident in which the policyholder suffers injury. A basic policy includes a limited right to sue option.

Right to Sue Option

Under the No Limitation on Lawsuit Option, a policyholder retains the right to sue the motorist who caused an auto accident for pain and suffering for any injury.

Limited Right to Sue Option

Under the Limitation on Lawsuit Option, a policyholder agrees not to sue the motorist who caused an auto accident for pain and suffering unless he or she sustains one of the permanent injuries listed below:

(Choosing this option does not affect your ability to sue for economic damages such as medical expenses and lost wages.)

• Loss of a body part
• Significant disfigurement or significant scarring
• A displaced fracture
• Loss of a fetus
• Permanent injury (Any injury shall be considered permanent when the body part or organ has not healed to its normal level of functioning and will not heal to such level with further medical treatment based on objective medical proof.)
• Death

Both the unlimited right to sue and the limited right to sue options only cover lawsuits for pain and suffering and/or non-economic losses. Your medical expenses and some economic losses for will be paid up to the limits of your PIP coverage and are not affected by the choice you make concerning your right to sue.

Source:

http://www.state.nj.us/dobi/division_consumers/pdf/autoguide02.pdf

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

Call us today! (201) 530-6272