PLNJmedium
When a New Jersey named insured elects the Verbal Threshold under N.J.S.A. 39:6A-8(a), to whom does the tort limitation apply?
To the named insured, resident relatives in the household, and most occupants of the insured vehicle when the election binds them
BOnly to the named insured personally
COnly to pedestrians struck by the insured vehicle, excluding the named insured, resident relatives, and all other persons to whom PIP benefits are payable under the policy
DOnly to claims involving commercial vehicles
Why this is the answer
N.J.S.A. 39:6A-8(a) binds the Verbal Threshold to all individuals to whom PIP is payable under the policy — typically the named insured, resident family members, and certain occupants. A resident relative who personally selects No-Limit on a separate policy may, depending on the deemer/non-deemer analysis, still be bound by another household member's election when injured in a covered vehicle.
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