Plaintiff Barred from Pursuing Personal Injury from Auto Accident Due to Failure to Insure
Plaintiff Alma Guerrero was driving her car when she was involved in a collision with the defendant Colleen Moore. Plaintiff suffered back injuries from the accident and sued defendant Moore. In Guerrero v. Moore, 2017 N.J. Super. Unpub. LEXIS 21 (App. Div. Jan. 5, 2017), Moore defended on the basis that plaintiff was barred from suing for her personal injuries due to her failure to insure her vehicle in New Jersey, despite residing in New Jersey for at least three to four months before the accident.
Under New Jersey law, a failure to maintain the required medical expense coverage pursuant to N.J.S.A. 39:6A-4.5 bars a person from suing if a New Jersey resident. Although the plaintiff’s vehicle was registered and insured in Pennsylvania, the plaintiff’s policy did not have the PIP coverage as required under New Jersey law. Because the plaintiff admitted that she lived in New Jersey for at least three to four months prior to the accident, the Appellate Division found that the trial court properly granted defendant’s motion for summary judgment, dismissing the complaint.
Although the plaintiff’s vehicle was insured in Pennsylvania, it only had PIP coverage of $5,000. That was less than the required amount under New Jersey law (under either N.J.S.A. 39:6A-3.1 – $15,000, if you qualify for the special insurance for those eligible for Medicaid or $250,000 for policy as required under N.J.S.A. 39:6A-4.) Because plaintiff did not satisfy either insurance requirement, she was considered “uninsured” in New Jersey.
Under New Jersey law, any person who becomes a resident of the State must obtain a New Jersey license and registration within 60 days of becoming a resident. Because plaintiff had been residing in the State for at least 3 – 4 months, she was subject to the laws of New Jersey on insurance and registration. Her failure to register and insure her vehicle in conformance with New Jersey law made her “uninsured.” Hence, the Appellate Division found that she was barred from suing for her personal injuries.
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Stephen Gilbert
Tom Begley
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