Sheila Aronberg v. Wendell Tolbert and Fleetwood Taggart A-4896-08T3 06-08-10
N.J.S.A. 39:6A-4.5(a) bars uninsured drivers from suing for
personal injuries sustained in automobile accidents. The trial
court granted summary judgment to defendants, dismissing a
survival action brought by an uninsured decedent's estate and
denied summary judgment as to the wrongful death action brought
by his heirs. The panel concludes that, although that statutory
bar may be applied to survival actions, which pursue the
decedent's claims, the statutory bar does not apply to a
wrongful death action, which seeks compensation for the losses
suffered by the uninsured decedent's heirs as the result of the
tortious conduct of others. The denial of summary judgment as
to that claim is affirmed.
