This appeal raises the novel issue of whether the statutory bar set forth in N.J.S.A. 39:6A-4.5(a) precludes plaintiff's wrongful death and survivor claims stemming from the second of two separate motor vehicle accidents occurring a half hour apart at the same location, the latter of which resulted in the death of the uninsured driver as he attempted to retrieve a cell phone from his disabled vehicle. In considering this question, the court addressed whether decedent was "operating" his uninsured vehicle at the time of the second accident for the purposes of N.J.S.A. 39:6A-4.5(a). The court further distinguished Perrelli v. Pastorelle, where the Supreme Court determined the statutory bar to recovering damages under N.J.S.A. 39:6A-4.5(a) applied to the owner of an uninsured vehicle, even where the owner was injured while a passenger in the vehicle. 206 N.J. 193, 208 (2011). The court ultimately concluded the statutory bar pursuant to N.J.S.A. 39:6A-4.5(a) was not implicated because decedent was not operating his vehicle.
