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  1. #1

    Default Civil Suit in New Jersey

    I was T-boned by a woman who ran a stop sign.

    She was cited, I have a witness, and he is in the police report. The damages to my vehicle were well over her $5,000 limit, but the car was not totaled. The ins. company said, since it was over the limit, I should go through my own insurance and have them subrogate. That is obviously not possible. My medical treatments have been going through my own health insurance. I have lower back issues, vertigo, a facial scar from a laceration, and my clothing in excess of $300 was destroyed from the blood. I know a scar can count towards a bodily injury claim. I know NJ is a pay to play state, but does that count for a civil suit if I choose to sue her personally for the damages?

    Thanks for reading

  2. #2
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    Default Re: Civil Suit in New Jersey

    You're working with a lawyer, right? The problem is that your failure to insure bars your legal claim?
    Quote Quoting NJSA 39:6A-4.5 Loss of right to sue for failure to insure, for DWI, for intentional acts.
    a. 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 noneconomic loss sustained as a result of an accident while operating an uninsured automobile.

    b.Any person who is convicted of, or pleads guilty to, operating a motor vehicle in violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), or a similar statute from any other jurisdiction, in connection with an accident, shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of the accident.

    c.Any person acting with specific intent of causing injury to himself or others in the operation or use of an automobile shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of an accident arising from such conduct.

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