ASSEMBLY, No. 2930

STATE OF NEW JERSEY

INTRODUCED MAY 5, 1997

By Assemblyman BAGGER

An Act concerning certain causes of action and amending P.L.1985. c.520.

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

    1. Section 14 of P.L.1985, c.520 (C.39:6A-4.5) is amended to read as follows:

    14. 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), or is operating an automobile while under the influence of alcohol or drugs and is convicted pursuant to R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) shall [:

    a. For the purpose of filing an action for recovery of noneconomic loss, as defined in section 2 of P.L.1972, c.70 (C.39:6A-2), be subject to the tort option specified in subsection a. of section 8 of P.L.1972, c.70 (C.39:6A-8).

    b. (Deleted by amendment, P.L.1988, c.119.)] have no cause of action for recovery of noneconomic loss for any bodily injury sustained as a result of an accident while occupying, entering into, alighting from or using an automobile.

(cf: P.L.1988, c.119, s.4)

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

STATEMENT

    This bill prohibits any person who is required to maintain automobile insurance coverage but who fails to maintain such coverage, or who is operating an automobile under the influence of alcohol or drugs, from recovering for pain and suffering as the result of bodily injury sustained in an automobile accident. The provisions of the bill apply to any cause of action arising on or after the effective date of the bill.

Eliminates certain causes of action for persons who drive under the influence of alcohol or drugs or fail to maintain mandated automobile insurance coverages.