ASSEMBLY, No. 1177

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman DALTON

An Act concerning the admissibility of certain evidence and amending P.L.1972, c.70.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 12 of P.L.1972, c.70 (C.39:6A-12) is amended to read as follows:

    12. Inadmissibility of evidence of losses collectible under personal injury protection coverage. Except as may be required in an action brought pursuant to section 20 of P.L.1983, c.362 (C.39:6A-9.1), and except for amounts of any deductibles or copayments not otherwise compensated, evidence of the amounts collectible or paid pursuant to sections 4 and 10 of P.L.1972, c.70 (C.39:6A-4 and 39:6A-10), to an injured person, including the amounts of any deductibles, copayments or exclusions, including exclusions pursuant to subsection d. of section 13 of P.L.1983, c.362 (C.39:6A-4.3), otherwise compensated, is inadmissible in a civil action for recovery of damages for bodily injury by such injured person.

    The court shall instruct the jury that, in arriving at a verdict as to the amount of the damages for noneconomic loss to be recovered by the injured person, the jury shall not speculate as to the amount of the medical expense benefits paid or payable by an automobile insurer under personal injury protection coverage to the injured person, nor shall they speculate as to the amount of benefits paid or payable by a health insurer, health maintenance organization or governmental agency under subsection d. of section 13 of P.L.1983, c.362 (C.39:6A-4.3).

    Nothing in this section shall be construed to limit the right of recovery, against the tortfeasor, of uncompensated economic loss sustained by the injured party.

(cf: P.L.1990, c.8, s.12)

    2. This act shall take effect immediately and apply to causes of action arising on or after that date.

STATEMENT

    This bill provides that evidence of the amounts of deductibles or copayments, not otherwise compensated under an insured's personal injury protection (PIP) coverage, is admissible in an action in connection with an automobile accident. The bill therefore allows a person injured in an automobile accident to recover out-of-pocket amounts paid to meet mandatory deductibles and copayments under his PIP medical expense benefits coverage if not otherwise compensated.

Provides that evidence of deductibles and copayments not otherwise compensated is admissible in action by automobile accident victim.