ASSEMBLY, No. 2422

 

STATE OF NEW JERSEY

 

INTRODUCED OCTOBER 7, 1996

 

 

By Assemblyman GARRETT

 

 

An Act concerning automobile insurance tort options and amending P.L.1972, c.70.

 

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

 

    1. Section 8 of P.L.1972, c.70 (C.39:6A-8) is amended to read as follows:

    8. Tort exemption; limitation on the right to noneconomic loss.

    One of the following two tort options shall be elected, in accordance with section 14.1 of P.L.1983, c.362 (C.39:6A-8.1), by any named insured required to maintain personal injury protection coverage pursuant to section 4 of P.L.1972, c.70 (C.39:6A-4):

    a. Every owner, registrant, operator or occupant of an automobile to which section 4 of P.L.1972, c.70 (C.39:6A-4), personal injury protection coverage, regardless of fault, applies, and every person or organization legally responsible for his acts or omissions, is hereby exempted from tort liability for noneconomic loss to a person who is subject to this subsection and who is either a person who is required to maintain the coverage mandated by this act, or is a person who has a right to receive benefits under section 4 of P.L.1972, c.70 (C.39:6A-4), as a result of bodily injury, arising out of the ownership, operation, maintenance or use of such automobile in this State, unless that person has sustained a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute that person's usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment; or     b. As an alternative to the basic tort option specified in subsection a. of this section, every owner, registrant, operator, or occupant of an automobile to which section 4 of P.L.1972, c.70 (C.39:6A-4) applies, and every person or organization legally responsible for his acts or omissions, shall be liable for noneconomic loss to a person who is subject to this subsection and who is either a person who is required to maintain the coverage mandated by P.L.1972, c.70 (C.39:6A-1 et seq.) or is a person who has a right to receive benefits under section 4 of that act (C.39:6A-4), as a result of bodily injury, arising out of the ownership, operation, maintenance or use of such automobile in this State.

    The tort option provisions of subsection b. of this section shall also apply to the right to recover for noneconomic loss of any person eligible for benefits pursuant to section 4 of P.L.1972, c.70 (C.39:6A-4) but who is not required to maintain personal injury protection coverage and is not an immediate family member, as defined in section 14.1 of P.L.1983, c.362 (C.39:6A-8.1), under an automobile insurance policy.

    The tort option provisions of subsection a. of this section shall also apply to any person subject to section 14 of P.L.1985, c.520 (C.39:6A-4.5).

    The tort option provisions of subsections a. and b. of this section as provided in this 1988 amendatory and supplementary act shall apply to automobile insurance policies issued or renewed on or after January 1, 1989 and as otherwise provided by law.

    The provisions of this section shall not apply to any person who sustains bodily injury as a result of an accident while occupying, entering into, alighting from or using a motor vehicle other than an automobile.

(cf: P.L.1990, c.8, s.9)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill clarifies that the tort option provisions of the no-fault insurance law do not apply to any person who sustains bodily injury as a result of an accident while occupying, entering into, alighting from or using a motor vehicle other than an automobile.

 

 

 

Clarifies that tort option provisions of no-fault insurance law do not apply to motor vehicles other than automobiles.