Johnson v. Scaccetti

An automobile insurance policyholder who opts for the limitation on lawsuit threshold of the Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-1.1 to -35, accepts, in exchange for lower insurance premium payments, restrictions on the right to sue for noneconomic damages (pain and suffering) if injured in an accident. A policyholder bound by the lawsuit threshold may not sue for noneconomic damages unless she suffers “a bodily injury which results in death; dismemberment; significant disfigurement or significant scarring; displaced fractures; loss of a fetus; or a permanent…