SENATE, No. 2253
STATE OF NEW JERSEY
INTRODUCED NOVEMBER 17, 1997
By Senators CARDINALE, Kyrillos, Inverso,
McNamara and Schluter
An Act concerning the verbal threshold in the automobile insurance no-fault law 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] bodily 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], serious impairment of body function or permanent serious disfigurement; 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.
For purposes of this section, "serious impairment of body function" means an objectively manifested impairment of an important body function that affects the person's general ability to lead his normal life.
The issue of whether an injured person has suffered serious impairment of body function or permanent serious disfigurement is a question of law for the court if the court finds either of the following:
(1) There is no factual dispute concerning the nature and extent of the person's injuries; or
(2) There is a factual dispute concerning the nature and extent of the person's injuries, but the dispute is not material to the determination as to whether the person has suffered a serious impairment of body function or permanent serious disfigurement. However, for a closed-head injury, a question of fact for the jury is created if a licensed allopathic or osteopathic physician who regularly diagnoses or treats closed-head injuries testifies under oath that there may be a serious neurological injury.
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.]
(cf: P.L.1990, c.8, s.9)
2. This act shall take effect on the 90th day following enactment and shall apply to automobile insurance policies issued or renewed on or after the effective date.
STATEMENT
This bill amends the no-fault automobile insurance law to replace the current verbal threshold with a verbal threshold that provides that a person may only sue for noneconomic loss if he sustains a bodily injury which results in death, serious impairment of body function or permanent serious disfigurement. The bill also provides that the issue of whether an injured person has suffered serious impairment of body function or permanent serious disfigurement is a question of law for the court, with certain exceptions.
Establishes a new verbal threshold for pain and suffering suits under the no-fault automobile insurance law.