Title 39, Title 39: MOTOR VEHICLES AND TRAFFIC REGULATION

39:6A-11 Contribution among insurers. 11. Contribution among insurers. If two or more insurers are liable to pay benefits under sections 4 and 10 of P.L.1972, c.70 (C.39:6A-4 and 39:6A-10) under a standard automobile insurance policy for the same bodily injury, or death, of any o…

39:6A-12 Inadmissibility of evidence of losses collectible under personal injury protection coverage. 12. Inadmissibility of evidence of losses collectible under personal injury protection coverage. Except as may be required in an action brought pursuant to section 20 of P.L.1983…

39:6A-13. Discovery of facts as to personal injury protection coverage. 13. Discovery of facts as to personal injury protection coverage. The following apply to personal injury protection coverage benefits payable under a standard automobile insurance policy pursuant to sections …

39:6A-13.1 Two-year limitation on action for payment of benefits. 11. a. Every action for the payment of benefits payable under a standard automobile insurance policy pursuant to sections 4 and 10 of P.L.1972, c.70 (C.39:6A-4 and 39:6A-10), medical expense benefits payable under …

39:6A-13.2 Disclosure of policy limits to attorney. 1. a. An insurer who receives a request, from an attorney admitted to the practice of law in this State, for disclosure of the policy limits under a private passenger automobile insurance policy issued by the insurer to an insur…

39:6A-14 Compulsory uninsured motorist coverage. 14. Every owner or registrant of an automobile or autocycle registered or principally garaged in this State shall maintain uninsured motorist coverage as provided in P.L.1968, c.385 (C.17:28-1.1). L.1972, c.70, s.14; amended 2016, …

39:6A-15 Penalties for false and fraudulent representation. 15. In any claim or action arising for benefits payable under a standard automobile insurance policy under section 4 of P.L.1972, c.70 (C.39:6A-4), any claim or action arising for medical expense benefits payable under a…

39:6A-16. Construction and severability This act shall be liberally construed so as to effect the purpose thereof. The provisions of this act shall be severable and if any phrase, clause, sentence or provision of this act is declared to be contrary to the Constitution of this Sta…

39:6A-17. General repeal of inconsistent statutory provisions All laws or parts of laws which are inconsistent with the provisions of this act are repealed and superseded to the extent of such inconsistency. L.1972, c. 70, s. 17.

39:6A-18. Mandatory reduction of bodily injury insurance rates Bodily injury insurance rates in effect on July 1, 1972 shall be reduced by at least 15% and shall become effective upon the effective date of this act. L.1972, c. 70, s. 18.

39:6A-19. Rules and regulations The Commissioner of Insurance is hereby authorized and empowered to prescribe, adopt, promulgate, rescind and enforce such reasonable rules and regulations as may be required to effectuate the purposes of this act. L.1972, c. 203, s. 9, eff. Dec. 2…

39:6A-2 Definitions. 2. As used in this act: a. "Automobile" means a private passenger automobile of a private passenger or station wagon type that is owned or hired and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; and a moto…

39:6A-20. Powers of commissioner of insurance For the purpose of implementing and enforcing this act, the Commissioner of Insurance shall possess all of those general powers as enumerated in Title 17 of the Revised Statutes. L.1972, c. 203, s. 10, eff. Dec. 26, 1972.

39:6A-21 The New Jersey Automobile Insurance Risk Exchange; membership, board of directors. 15. The New Jersey Automobile Insurance Risk Exchange; membership, board of directors. There shall be created, within 45 days of the operative date of this act, an unincorporated associati…

39:6A-22. Powers of exchange Powers of exchange. a. The exchange shall be empowered to raise sufficient moneys (1) to pay its operating expenses, and (2) to compensate members of the exchange for claims paid for noneconomic loss, and associated claim adjustment expenses, which wo…

39:6A-22.1. Preference to New Jersey investments Moneys collected by or available to the exchange shall be invested by the board of directors in accordance with the liabilities of the fund and the statutory limitations on insurer investments in Title 17 of the Revised Statutes; e…

39:6A-23. Written notice - buyer's guide and coverage selection form Written notice - buyer's guide and coverage selection form. a. No new automobile insurance policy shall be issued on or after the 180th day following the effective date of P.L.1985, c.520, unless the application…

39:6A-23.1. Comparative premium data Within nine months of the effective date of this 1988 amendatory and supplementary act, the Commissioner of Insurance shall cause to have published a representative sample of the premiums being charged by insurers in each territory to facilita…

39:6A-24. Purpose and intent of act The purpose and intent of this act is to establish an informal system of settling tort claims arising out of automobile accidents in an expeditious, and least costly manner, and to ease the burdens and congestion of the State's courts. L.1983, …

39:6A-25. Actions to be submitted to arbitration a. Any cause of action filed in the Superior Court after the operative date of this act, for the recovery of noneconomic loss, as defined in section 2 of P.L.1972, c. 70 (C. 39:6A-2), or the recovery of uncompensated economic loss,…

39:6A-26. Tolling statute of limitations Submission of a controversy to arbitration shall toll the statute of limitations for filing an action until the filing of the arbitration decision in accordance with section 7 of this act. L.1983, c. 358, s. 3.

39:6A-27. Selection of arbitrators a. The number or selection of arbitrators may be stipulated by mutual consent of all of the parties to the action, which stipulation shall be made in writing prior to or at the time notice is given that the controversy is to be submitted to arbi…

39:6A-28. Compensation and fees; rules governing offers of judgment Compensation for arbitrators shall be set by the rules of the Supreme Court of New Jersey. The Supreme Court may also establish a schedule of fees for attorneys representing the parties to the dispute and for wit…

39:6A-29. Subpoenas The arbitrators may, at their initiative or at the request of any party to the arbitration, issue subpenas for the attendance of witnesses and the production of books, records, documents and other evidence. Subpenas shall be served and shall be enforceable in …

39:6A-3 Compulsory automobile insurance coverage; limits. 3. Compulsory automobile insurance coverage; limits. Except as provided by section 4 of P.L.1998, c.21 (C.39:6A-3.1), every owner or registered owner of an automobile registered or principally garaged in this State shall m…

39:6A-3.1 Election of basic automobile insurance policy; coverage provided. 4. As an alternative to the mandatory coverages provided in sections 3 and 4 of P.L.1972, c.70 (C.39:6A-3 and 39:6A-4), any owner or registered owner of an automobile registered or principally garaged in …

39:6A-3.2 Issuance, renewal of automobile insurance policies, required coverage. 5. a. All automobile insurance policies issued or renewed on or after the effective date of P.L.1998, c.21 (C.39:6A-1.1 et al.) shall be issued or renewed including at least the coverages required pu…

39:6A-3.3 Establishment of special automobile insurance policy. 45. a. In order to assist certain low income individuals in this State and encourage their greater compliance in satisfying the mandatory private passenger automobile insurance requirements, the Legislature intends t…

39:6A-30. Award; decision of arbitrator Notwithstanding that a controversy was submitted pursuant to subsection a. of section 2 of this act, the arbitration award for noneconomic loss may exceed $15,000.00. The arbitration decision shall be in writing, and shall set forth the iss…

39:6A-31. Confirming arbitration decision Unless one of the parties to the arbitration petitions the court, within 30 days of the filing of the arbitration decision with the court, a. for a trial de novo, or b. for the modification or vacation of the arbitration decision for any …

39:6A-32. Trial de novo; fee 9. Except in the case of an arbitration decision vacated by the court or offers of judgment made pursuant to court rules, the party petitioning the court for a trial de novo shall pay to the court a trial de novo fee in an amount established pursuant …

39:6A-33. Admissibility of evidence at trial de novo No statements, admissions or testimony made at the arbitration proceedings, nor the arbitration decision, as confirmed or modified by the court, shall be used or referred to at the trial de novo by any of the parties, except th…

39:6A-34. Assessment of costs for trial de novo The party having filed for a trial de novo shall be assessed court costs and other reasonable costs of the other party to the judicial proceeding, including attorney's fees, investigation expenses and expenses for expert or other te…

39:6A-35. Rules; report The Supreme Court of New Jersey shall adopt rules of court appropriate or necessary to effectuate the purpose of this act. The Administrative Office of the Courts shall not later than March 1 of each year file with the Governor and Legislature a report on …

39:6A-4 Personal injury protection coverage, regardless of fault. 4. Personal injury protection coverage, regardless of fault. Except as provided by section 45 of P.L.2003, c.89 (C.39:6A-3.3) and section 4 of P.L.1998, c.21 (C.39:6A-3.1), every standard automobile liability insur…

39:6A-4.1. Additional automobiles; reduced personal injury protection premium When a named insured is the owner and only designated operator of two or more automobiles and the only licensed driver residing in the household, he shall be charged a reduced personal injury protection…

39:6A-4.2. Primacy of coverages Primacy of coverages. Except as provided in subsection d. of section 13 of P.L.1983, c.362 (C.39:6A-4.3), the personal injury protection coverage of the named insured shall be the primary coverage for the named insured and any resident relative in …

39:6A-4.3 Personal injury protection coverage options. 13. Personal injury protection coverage options. With respect to personal injury protection coverage provided on an automobile in accordance with section 4 of P.L.1972, c.70 (C.39:6A-4), the automobile insurer shall provide t…

39:6A-4.4. Application of amendment of s. 39:6A-4.3 by L.1984, c. 40 The amendments to section 13 of P.L.1983, c. 362 (C. 39:6A-4.3) contained in section 1 of this amendatory and supplementary act shall apply to any accident occurring on or after the effective date of this amenda…

39:6A-4.5 Loss of right to sue for failure to insure, for DWI, for intentional acts. 14. a. Any person who, at the time of an automobile accident resulting in injuries to that person, is required but fails to maintain medical expense benefits coverage mandated by section 4 of P.L…

39:6A-4.6 Medical fee schedules. 10. a. The Commissioner of Banking and Insurance shall, within 90 days after the effective date of P.L.1990, c.8 (C.17:33B-1 et al.), promulgate medical fee schedules on a regional basis for the reimbursement of health care providers providing ser…

39:6A-4.7 Compilation of list of valid diagnostic tests used in treatment of persons sustaining bodily injury. 12. The professional licensing boards governing health care providers in the Division of Consumer Affairs shall promulgate, pursuant to the "Administrative Procedure Act…

39:6A-4.8 Definition of pedestrian; accident involving a pedestrian. 4. a. As used in this section, “pedestrian” means any person who is not occupying, entering into, or alighting from a vehicle propelled by other than muscular power and designed primarily for use on highways, ra…

39:6A-5 Payment of personal injury protection coverage benefits. 5. Payment of personal injury protection coverage benefits. a. An insurer may require written notice to be given as soon as practicable after an accident involving an automobile with respect to which the policy affo…

39:6A-5.1 Dispute resolution provided regarding recovery of personal injury protection benefits. 24. a. Any dispute regarding the recovery of medical expense benefits or other benefits provided under personal injury protection coverage pursuant to section 4 of P.L.1972, c.70 (C.3…

39:6A-5.2 Establishment of standards for certification of medical review organizations. 25. a. The commissioner shall establish standards for the certification of medical review organizations, which shall include standards of performance formulated by the commissioner in consulta…