Provides that limitation on lawsuit option does not apply in accidents caused by drunk or reckless drivers.
If passed, S2255 will reform the existing legal landscape surrounding automobile accident claims in New Jersey. Under current law, individuals opting for the verbal threshold provision often face significant barriers to recovering noneconomic damages unless specific criteria are met. By allowing potential lawsuits against negligent parties when they are involved in alcohol-related offenses, the bill aims to enhance the accountability of reckless drivers and ensure that victims can seek appropriate compensation for their suffering, regardless of their insurance policy limitations.
Senate Bill S2255 aims to amend New Jersey's automobile insurance laws, specifically in relation to limitations on the right to sue for noneconomic damages. The key provision of the bill allows individuals injured in an automobile accident to pursue claims for noneconomic damages against a tortfeasor if that tortfeasor has been convicted of or pled guilty to driving under the influence, refusing a breathalyzer test, or reckless driving. This provision applies even if the injured party had previously chosen a 'verbal threshold' or a limitation on lawsuit option under their insurance policy, which usually restricts their ability to claim such damages.
Support for S2255 arises from advocates for victims of drunk and reckless driving, who argue that the bill would provide necessary relief and justice for those harmed by such dangerous behaviors. However, critics may voice concerns regarding the bill's impact on insurance premiums and the potential for increased litigation. There is also a fear that expanding the categories for lawsuits may lead to more lawsuits being filed, which could overwhelm the legal system and create additional burdens for insurance providers and policyholders alike.