Dziuba v. Fletcher

The opinion of the court was delivered by

WEISSBARD, J.A.D.

This appeal presents two unresolved issues in the application of the no-fault law: (1) whether an individual deemed to be an owner, *76although not the registered owner, of an uninsured vehicle, who is involved in an accident is barred from collecting personal injury-protection (PIP) benefits pursuant to N.J.S.A. 39:6A-7b(1), and (2) whether such an uninsured owner must be operating his uninsured vehicle at the time of the accident in order to be barred from seeking non-economic damages pursuant to N.J.S.A. 39:6A-4.5.

Plaintiff Victor…