Aronberg v. Tolbert

In this case, a mother brought a survival and wrongful death action on behalf of the estate of her son, an uninsured motorist who was killed by the alleged negligence of another driver. The other driver and his employer (defendants) claimed that the lawsuit was barred by N.J.S.A. 39:6A~4.5(a). That statute provides that any person who fails to maintain statutorily required no-fault insurance “shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of an accident while operating an uninsured automobile.” N.J.S.A. 39:6A-4.5(a).

The trial court held that…