Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
Senator NELLIE POU
District 35 (Bergen and Passaic)
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
Assemblyman JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
Co-Sponsored by:
Assemblywoman Jasey
SYNOPSIS
Permits recovery of uncompensated medical expenses in civil action for damages arising from automobile accident.
CURRENT VERSION OF TEXT
As amended by the Senate on May 13, 2019.
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.