10-12-06 (A-90-05)
Judgment of the Appellate Division is affirmed substantially for
the reasons expressed in Judge Weissbard’s written opinion.
N.J.S.A. 39:6A-4.5a does not preclude an injured uninsured
motorist from recovering non-economic damages under a
defendant’s policy of automobile insurance when the uninsured
motorist was not operating his uninsured vehicle at the time of
the accident involving defendant’s car.
