This bill amends Section 12 of P.L.1972, c.70 (C.39:6A-12) to clarify the circumstances under which future medical treatment expenses can be considered collectible personal injury protection (PIP) benefits in civil actions for bodily injury damages. The bill specifies that evidence of future medical expenses cannot be excluded from civil actions solely because such expenses may be collectible under PIP coverage in the future. Instead, an expense is deemed collectible only if it has been rendered, billed, and is payable under the applicable PIP coverage. This change aims to ensure that future medical treatment expenses are not dismissed based on the potential availability of PIP benefits.

Additionally, the bill includes provisions to prevent duplicate recovery for medical expenses that have already been paid or are payable as PIP benefits. It allows a PIP carrier to assert an offset against future applications for benefits if it can demonstrate that the injured person has already received compensation for the same medical expenses in a civil action. The bill takes effect immediately and applies to all civil actions pending or filed after its effective date, excluding those with final judgments entered before that date.

Statutes affected:
Introduced: 39:6A-12