Provides that limitation on lawsuit option does not apply in accident caused by drunk driver.
This legislation has significant implications for tort law and insurance practices within the state. With the change, individuals injured in auto accidents involving intoxicated drivers may potentially have better avenues for recovery of damages. This could lead to an increase in lawsuits against impaired drivers, which advocates argue could enhance accountability for those engaging in dangerous behavior such as drunk driving. Furthermore, this bill may lead to changes in the structure and pricing of auto insurance in New Jersey, as insurers reevaluate risk assessments and liability coverage in light of the new legal landscape.
S531, titled 'Provides that limitation on lawsuit option does not apply in accident caused by drunk driver', seeks to amend existing New Jersey laws concerning liability for noneconomic loss under automotive insurance policies. The essence of this bill is to allow individuals who have opted for the 'verbal threshold' or limitation on lawsuit option in their private passenger automobile policies to pursue legal action for noneconomic damages when injuries result from accidents involving drivers convicted of drunk driving or refusing breathalyzer tests. Currently, individuals under the verbal threshold face restrictions on their ability to sue for noneconomic damages unless specific injury criteria are met.
The potential contention surrounding S531 may arise from concerns regarding the implications of increased litigation against drivers and how this could affect local courts and insurance systems. Critics might argue that allowing such lawsuits could lead to a surge in frivolous claims, causing insurance premiums to rise for all policyholders. Additionally, there might be debate over the fairness of allowing a tort recovery route when an injured party has previously chosen an insurance option that limits their liability exposure. Overall, stakeholders will likely engage in discussions about balancing consumer protection with the necessary measures to deter impaired driving.