Civil Reservation Cannot Be Used to Circumvent NJ Personal Injury Law

New Jersey personal injury law states that if you are convicted of DUI (driving under the influence) you are prohibited from recovering in an NJ personal injury lawsuit for third party, underinsured motorist, or uninsured motorist claims.

While in NJ Municipal Court for a DWI-DUI (drunk driving) charge, a defendant can request a Civil Reservation under NJ Court Rules. A Civil Reservation usually prevents any admissions of guilt in the NJ Municipal Court to be later used against the person in a civil case.

This is not true when you have been convicted of drunk driving and then sue the other driver who caused the NJ car accident for personal injuries.

Last week, the NJ Appellate Division upheld this NJ personal injury law and ruled that a Civil Reservation cannot be used to circumvent the NJ personal injury law.

Do you think a driver, who did not cause an NJ car accident, but was found to be intoxicated, should be able to sue the negligent driver in a civil court in NJ for personal injuries?