Bill Text: NJ A5338 | 2018-2019 | Regular Session | Introduced
Bill Title: Permits recovery of all uncompensated medical expenses as uncompensated economic loss in civil action for damages arising from automobile accident.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-05-16 - Introduced, Referred to Assembly Financial Institutions and Insurance Committee [A5338 Detail]
Download: New_Jersey-2018-A5338-Introduced.html
Sponsored by:
Assemblyman JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
SYNOPSIS
Permits recovery of all uncompensated medical expenses as uncompensated economic loss in civil action for damages arising from automobile accident.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning uncompensated economic loss in an action for recovery of damages for bodily injury 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), evidence of the amounts collectible or paid under a standard automobile insurance policy pursuant to sections 4 and 10 of P.L.1972, c.70 (C.39:6A-4 and 39:6A-10), amounts collectible or paid for medical expense benefits under a basic automobile insurance policy pursuant to section 4 of P.L.1998, c.21 (C.39:6A-3.1) and amounts collectible or paid for benefits under a special automobile insurance policy pursuant to section 45 of P.L.2003, c.89 (C.39:6A-3.3), 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 payable under a standard automobile insurance policy pursuant to sections 4 and 10 of P.L.1972, c.70 (C.39:6A-4 and 39:6A-10), medical expense benefits under a basic automobile insurance policy pursuant to section 4 of P.L.1998, c.21 (C.39:6A-3.1) or benefits under a special automobile insurance policy pursuant to section 45 of P.L.2003, c.89 (C.39:6A-3.3) 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 as defined by subsection k. of section 2 of P.L.1972, c.70 (C.39:6A-2), including all uncompensated medical expenses not covered by the personal injury protection limits applicable to the injured party and sustained by the injured party.
(cf: P.L.2003, c.89, s.55)
2. This act shall take effect immediately and apply to causes of action pending on that date or filed on or after that date.
STATEMENT
This bill permits a party injured in an automobile accident to recover, as part of the recovery of uncompensated economic loss, all uncompensated medical, expenses not covered by the personal injury protection (PIP) limits applicable to the injured party and sustained by the injured party. The bill makes it clear that economic loss, as defined in the "New Jersey Automobile Reparation Reform Act," P.L.1972, c.70 (C.39:6A-1 et seq.) otherwise known as the "no-fault law," may include economic loss for uncompensated medical expenses, notwithstanding the longstanding interpretation of that definition in the statute to the contrary. In so doing, the bill codifies the holding of the Appellate Division in the consolidated case of Haines v. Taft and Little v. Nishimura, 450 N.J. Super. 295 (App. Div. 2017). On March 26, 2019, the Supreme Court of New Jersey reversed that holding. This bill, therefore, is consistent with the earlier Appellate Division holding in allowing recovery of such uncompensated medical expenses.
The bill however leaves in place the provision in the statute making 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), inadmissible.
The bill clarifies that all uncompensated medical expenses that are not covered by an injured party's automobile insurance medical PIP coverage are claimable.
