No Insurance? Big Problem
New Jersey has a law that bars an injured person from suing for pain and suffering arising from a car accident if that person does not have the requisite insurance on his/her vehicle at the time of the accident. What happens if the injured person is not the operator of the vehicle but is merely a passenger in their own vehicle? Do they have a right to sue? In a recent case, the NJ Supreme Court said NO. In the case of Perrelli v. Pastorelle, Denise Perrelli was a passenger in her vehicle which was being driven by a friend. They collided with a vehicle operated by Paul Pastorelle. Perrelli sued Pastorelle claiming that his negligence caused the accident. The defendant moved for Summary Judgment based upon the NJ law. Perrelli countered that the statute 's language requires her to be the operator of the vehicle and since she was not, she was entitled to bring suit. The trial court denied the summary judgment motion. The case eventually made its way to the Supreme court, which reversed the lower court holding that the language of the statute cannot be construed so literally because it would allow an uninsured person to violate the law and not suffer its consequences. Therefore, whether you are the owner/operator or passenger in the car, you are barred from suing if the car is uninsured!!
