On January 2, 2008, the Superior Court of New Jersey Appellate Division ordered a retrial for an East Orange teenager who sustained severe personal injuries during an automobile accident. The car he was riding in was registered as a stolen vehicle.

The teenager may be eligible for insurance coverage under the automobile insurance policy owned by his grandmother.

The retrial

The retrial will focus on whether or not the teenager was aware that the vehicle he was riding in was stolen.

The case concerns the Liberty Mutual Insurance Company’s policy that denies coverage to those who are occupied in a car without the authorization of the vehicle’s owner. The attorneys of the teenager assert that since he was not aware that the car was stolen, he is entitled to coverage.

New Jersey has never tried a case of this nature, therefore, the Appellate Division ordered that the decision should be published.

The accident

In October 2004, the teenager was in the backseat of a stolen Subaru when it was driven into a Public Service Electric & Gas truck. The accident ignited a fire in the Subaru.

The front-seat passenger died in the accident and the driver plead guilty to both aggravated assault and receiving stolen property.

The injured teenager, who is fighting for insurance coverage, was not charged with any crime, but sustained major injuries resulting in a month long hospital visit.

New Jersey Personal Injury Law

Under New Jersey law, in order to receive damages from an automobile accident, the plaintiff must prove:

• Negligence
• Causation
• Damages

This means that the plaintiff must prove that another party was negligent in some way, and that the negligence is what caused the accident. They must also prove that damages were sustained as a result of the accident.

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