New Jersey § 39:6a-8

§ 39:6a-8.

One of the following two tort options shall be elected, in accordance with section

14.1 of P.L.1983, c. 362 ( C.39:6A-8.1 ), by any named insured required to maintain personal injury protection coverage pursuant

to section 4 of P.L.1972, c. 70 ( C.39:6A-4 ): a. Limitation on lawsuit option. Every owner, registrant, operator or occupant of an automobile to which section

4 of P.L.1972, c. 70 ( C.39:6A-4 ), personal injury protection coverage, section 4 of P.L.1998, c. 21 ( C.39:6A-3.1 ), medical expense benefits coverage, or section 45 of P.L.2003, c.89 ( C.39:6A-3.3 ) regardless of fault, applies, and every person or organization legally responsible

for his acts or omissions, is hereby exempted from tort liability for noneconomic

loss to a person who is subject to this subsection and who is either a person who

is required to maintain personal injury protection coverage pursuant to section 4

of P.L.1972, c. 70 ( C.39:6A-4 ) , medical expense benefits pursuant to section 4 of P.L.1998, c. 21 ( C.39:6A-3.1 ) or benefits pursuant to section 45 of P.L.2003, c.89 ( C.39:6A-3.3 ) , or is a person who has a right to receive benefits under section 4 of P.L.1972,

c. 70 ( C.39:6A-4 ) , section 4 of P.L.1998, c. 21 ( C.39:6A-3.1 ) or section 45 of P.L.2003, c.89 ( C.39:6A-3.3 ) , as a result of bodily injury, arising out of the ownership, operation, maintenance

or use of such automobile in this State, unless that person has sustained a bodily

injury which results in death; dismemberment; significant disfigurement or significant

scarring; displaced fractures; loss of a fetus; or a permanent injury within a

reasonable degree of medical probability, other than scarring or disfigurement. An injury shall be considered permanent when the body part or organ, or both, has

not healed to function normally and will not heal to function normally with further

medical treatment. For the purposes of this subsection, “ physician ” means a physician as defined in section 5 of P. L.1939, c. 115 ( C.45:9-5.1 ). In order to satisfy the tort option provisions of this subsection, the plaintiff shall,

within 60 days following the date of the answer to the complaint by the defendant,

provide the defendant with a certification from the licensed treating physician or

a board-certified licensed physician to whom the plaintiff was referred by the treating

physician. The certification shall state, under penalty of perjury, that the plaintiff has

sustained an injury described above. The certification shall be based on and refer to objective clinical evidence, which

may include medical testing, except that any such testing shall be performed in accordance

with medical protocols pursuant to subsection a. of section 4 of P.L.1972, c. 70 ( C.39:6A-4 ) and the use of valid diagnostic tests administered in accordance with section 12

of P.L.1998, c. 21 ( C.39:6A-4.7 ). Such testing may not be experimental in nature or dependent entirely upon subjective

patient response. The court may grant no more than one additional period not to exceed 60 days to

file the certification pursuant to this subsection upon a finding of good cause. A person is guilty of a crime of the fourth degree if that person purposefully or

knowingly makes, or causes to be made, a false, fictitious, fraudulent, or misleading

statement of material fact in, or omits a material fact from, or causes a material

fact to be omitted from, any certification filed pursuant to this subsection. Notwithstanding the provisions of subsection e. of N.J.S.2C:44-1 , the court shall deal with a person who has been convicted of a violation of this

subsection by imposing a sentence of imprisonment unless, having regard to the character

and condition of the person, the court is of the opinion that imprisonment would be

a serious injustice which overrides the need to deter such conduct by others. If the court imposes a noncustodial or probationary sentence, such sentence shall

not become final for 10 days in order to permit the appeal of such sentence by the

prosecution. Nothing in this subsection a. shall preclude an indictment and conviction for any

other offense defined by the laws of this State. In addition, any professional license held by the person shall be forfeited according

to the procedures established by section 4 of P.L.1997, c. 353 ( C.2C:51-5 ); or b. No limitation on lawsuit option. As an alternative to the basic tort option specified in subsection a. of this section,

every owner, registrant, operator, or occupant of an automobile to which section 4

of P.L.1972, c. 70 ( C.39:6A-4 ), personal injury protection coverage, section 4 of P.L.1998, c. 21 ( C.39:6A-3.1 ), medical expense benefits coverage, or section 45 of P.L.2003, c.89 ( C.39:6A-3.3 ), regardless of fault, applies, and every person or organization legally responsible

for his acts or omissions, shall be liable for noneconomic loss to a person who is

subject to this subsection and who is either a person who is required to maintain

the coverage mandated by P.L.1972, c. 70 ( C.39:6A-1 et seq. ) or is a person who has a right to receive benefits under section 4 of that act ( C.39:6A-4 ), as a result of bodily injury, arising out of the ownership, operation, maintenance

or use of such automobile in this State. The tort option provisions of subsection b. of this section shall also apply to the

right to recover for noneconomic loss of any person eligible for benefits pursuant

to section 4 of P.L.1972, c. 70 ( C.39:6A-4 ) , section 4 of P.L.1998, c. 21 ( C.39:6A-3.1 ) or section 45 of P.L.2003, c.89 ( C.39:6A-3.3 ) but who is not required to maintain personal injury protection coverage pursuant

to section 4 of P.L.1972, c. 70 ( C.39:6A-4 ) , medical expense benefits coverage pursuant to section 4 of P.L.1998, c. 21 ( C.39:6A-3.1 ) or benefits pursuant to section 45 of P.L.2003, c.89 ( C.39:6A-3.3 ) and is not an immediate family member, as defined in section 14.1 of P.L.1983, c.

362 ( C.39:6A-8.1 ), under a standard automobile insurance policy or basic automobile insurance policy. The tort option provisions of subsection a. of this section shall also apply to any

person subject to section 14 of P.L.1985, c. 520 ( C.39:6A-4.5 ) and to every named insured and any other person to whom the benefits of the special automobile insurance policy provided in section 45 of P.L.2003, c.89 ( C.39:6A-3.3 ) or the medical expense benefits of the basic automobile insurance policy pursuant to section

4 of P. L.1998, c. 21 ( C.39:6A-3.1 ) apply whether or not the person has elected the optional $10,000 liability coverage

insuring against loss resulting from liability imposed by law for bodily injury or

death provided for in subsection c. of section 4 of P.L.1998, c. 21 ( C.39:6A-3.1 ). The tort option provisions of subsections a. and b. of this section as provided in

this 1998 amendatory and supplementary act shall apply to automobile insurance policies

issued or renewed on or after the effective date of P.L.1998, c. 21 ( C.39:6A-1.1 et al.) and as otherwise provided by law.