Bill Text: NJ S2432 | 2018-2019 | Regular Session | Chaptered


Bill Title: Permits recovery of uncompensated medical expenses in civil action for damages arising from automobile accident. *

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2019-08-15 - Approved P.L.2019, c.244. [S2432 Detail]

Download: New_Jersey-2018-S2432-Chaptered.html

2 - Note

 


P.L. 2019, CHAPTER 244, approved August 15, 2019

Senate, No. 2432 (First Reprint)

 

 


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 1all1 uncompensated medical expenses 1[between] not covered by1 the personal injury protection limits applicable to the injured party and 1[$250,000,]1 sustained by the injured party 1[; provided, however, that 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), shall remain inadmissible pursuant to this section].  All medical expenses that exceed, or are unpaid or uncovered by any injured party's medical expense benefits personal injury protection limits, regardless of any health insurance coverage, are claimable by any injured party as against all liable parties, including any self-funded health care plans that assert valid liens1.

(cf: P.L.2003, c.89, s.55)

 

     2.    This act shall take effect immediately and apply to causes of action 1pending on that date or1 filed on or after 1[the 180th day next following enactment] that date1.

 

 

                                

 

     Permits recovery of uncompensated medical expenses in civil action for damages arising from automobile accident.

feedback