Tuesday, February 10th, 2009
N.J.S.A. 39:6A-4.5(b) provides:
Any person who is convicted of, or pleads guilty to, operating a motor vehicle in violation of R.S.39:4-50, section 2 of P.L.1981, c. 512 (C.39:4-50.4a), or a similar statute from any other jurisdiction, in connection with an accident, shall have no cause of action for recovery of economic or non-economic loss sustained as a result of the accident.
If a DWI driver pleads guilty, or if he is found guilty of DWI or Refusal, then he or she will likely be barred from filing for any claim for injuries or damage in any lawsuit. This bar even applies if the DWI driver was stopped at a red light and then rear-ended by the other driver. The DWI driver would however, be entitled to PIP or medical benefits for any injuries suffered in the accident. The DWI driver may also be barred under his or her insurance policy from receiving benefits such as collision and comprehensive coverage.
