Title 39, Title 39: MOTOR VEHICLES AND TRAFFIC REGULATION

39:6-56. Repeal Chapter six of Title 39 of the Revised Statutes is repealed so far as it relates to any motor vehicle accident within this State, or to any conviction or forfeiture of bail, occurring on or after the effective date of this act. L.1952, c. 173, p. 570, s. 34.

39:6-57. Effective date This act shall take effect April first, one thousand nine hundred and fifty-three. L.1952, c. 173, p. 570, s. 35.

39:6-58. Expense of administering Motor Vehicle Security-Responsibility Law; ascertainment; certifying annually The Director of the Division of Budget and Accounting in the Department of the Treasury shall, on or before September first in each year, ascertain and certify to the C…

39:6-59. Apportionment of amount certified among liability insurers The commissioner shall, on or before the fifteenth day of October in each year, apportion the amount so certified to him among the mutual associations and stock companies writing motor vehicle liability insurance…

39:6-60. Effective date This act shall take effect April first, one thousand nine hundred and fifty-three. L.1952, c. 176, p. 599, s. 3.

39:6-61. Title This act shall be known and may be cited as the "Unsatisfied Claim and Judgment Fund Law." L.1952, c. 174, p. 570, s. 1.

39:6-62 Definitions relative to New Jersey Property-Liability Insurance Guaranty Association. 2. Definitions. As used in this act: "Association" means the New Jersey Property-Liability Insurance Guaranty Association created pursuant to P.L.1974, c.17 (C.17:30A-1 et seq.). "Commis…

39:6-63 Creation, maintenance of fund. 3. For the purpose of creating and maintaining the fund: (a) (Deleted by amendment, P.L.1968, c.323, s.3.) (b) (Deleted by amendment, P.L.1968, c.323, s.3.) (c) (Deleted by amendment, P.L.1968, c.323, s.3.) (d) Commencing on or before Decemb…

39:6-63.1. Assessment rescinded; registration of uninsured vehicles; fee Any assessment made under the provisions of subparagraph (2), of paragraph (d) of section 3 of the act of which this act is amendatory which has not been collected prior to the effective date of this act, is…

39:6-64.1 Plan of operation. 18. a. The association may from time to time, adopt and amend a plan of operation, subject to the approval of the commissioner, necessary or desirable in connection with its functions, duties and responsibilities in administering this act. The plan of…

39:6-64c Unsatisfied Claim and Judgment Fund abolished, transfer to PLIGA. 7. The Unsatisfied Claim and Judgment Fund Board in the Department of Banking and Insurance, established pursuant to P.L.1952, c.174 (C.39:6-61 et seq.), is hereby abolished and all its functions, powers a…

39:6-65 Notice of intention to make claim. 5. Any qualified person, or the personal representative of such person, who suffers damages resulting from bodily injury or death or damage to property arising out of the ownership, maintenance or use of a motor vehicle in this State on …

39:6-67 Defense of actions against motorists. 7. The association may through counsel enter an appearance on behalf of the defendant, file a defense, appear at the trial or take such other steps as it may deem appropriate on the behalf and in the name of the defendant, and may the…

39:6-68 Cooperation of defendant. 8. In any case in which the association has assumed under this act, the defense of any action, the defendant shall co-operate with the association in the defense of such action. In the event of his failure to do so, the association may apply to t…

39:6-69 Unpaid judgments. 9. When any qualified person recovers a valid judgment in any court of competent jurisdiction in this State against any other person, who was the operator or owner of a motor vehicle, for injury to, death of, any person or persons, or a similar valid jud…

39:6-70 Hearing on application for payment of judgment. 10. Hearing on application for payment of judgment. The court shall proceed upon such application, in a summary manner, and, upon the hearing thereof, the applicant shall be required to show: (a) He is not a person covered w…

39:6-71 Order for payment of judgment. 11. The court shall make an order directed to the association requiring the association to make payment from the fund of such sum, if any, as it shall find to be payable upon said claim, pursuant to the provisions of and in accordance with t…

39:6-72 Contents of petition; settlement of claim. 12. (a) In any action against an operator or owner of a motor vehicle for injury to or death of any person or for damage to property arising out of the ownership, maintenance or use of said vehicle in this State on or after April…

39:6-73 $500 exclusion. 13. Except with respect to medical expense benefits paid pursuant to section 2 of P.L.1977, c.310 (C.39:6-73.1), no order shall be made for the payment and the association shall make no payment, out of the fund, of (a) Any claim for damage to property for …

39:6-73.1 Assumption of excess payment by fund; exceptions. 2. In the event medical expense benefits paid by an insurer, in accordance with subsection a. of section 4 of P.L.1972, c.70 (C.39:6A-4) or section 4 of P.L.1998, c.21 (C.39:6A-3.1), are in excess of $75,000.00 on accoun…

39:6-74 Default and consent judgments. 14. No claim shall be allowed and ordered to be paid out of the fund if the court shall find, upon the hearing for the allowance of the claim, that it is founded upon a judgment which was entered by default unless (1) the claimant shall have…

39:6-76. Collusive judgments No claim against the fund shall be allowed in any case in which the court shall find, upon the hearing for the allowance of the claim, that the judgment upon which the claim is founded was obtained by fraud, or by collusion of the plaintiff and of any…

39:6-77 Assignment of judgments to association. 17. Assignment of judgments to association. The association shall not pay any sum from the fund, in compliance with an order made for that purpose, in any case in which the claim is founded upon a judgment, except a judgment obtaine…

39:6-78 Identity of vehicle, operator, owner unascertainable. 18. When the death of, or personal injury to, any person arises out of ownership, maintenance or use of a motor vehicle in this State on or after April 1, 1955, but the identity of the motor vehicle and of the operator…

39:6-79 Action within 180 days of entry of judgment. 19. When in an action in respect to the death of, or personal injury to, any person, arising out of the ownership, maintenance or use of a motor vehicle in this State on or after April 1, 1955, judgment is rendered for the defe…

39:6-80 Impleading association in "hit-and-run" cases. 20. Impleading association in "hit-and-run" cases. When an action has been commenced in respect of the death or injury of any person arising out of the ownership, maintenance or use of a motor vehicle in this State on or afte…

39:6-81 Defense of such actions by association. 21. Defense of such actions by association. In any action brought under sections 18 and 19 of this act, the association may appear. The association shall for all purposes of the action be deemed to be the defendant. The association …

39:6-82 Settlement of actions against the association. 22. Settlement of actions against the association. In any action brought against the association pursuant to an order by the court entered in accordance with the provisions of section 18, the plaintiff may file a verified pet…

39:6-83 Credits against judgment. 23. Credits against judgment. A judgment against the association shall be reduced by any amounts which such plaintiff has received from any person mentioned in subparagraph (m) of section 10. L.1952,c.174,s.23; amended 1955, c.1, s.14; 1985, c.14…

39:6-84 Limitation on amount of judgment. 24. When a judgment is obtained against the association, in an action brought under this act, upon the determination of all proceedings including appeals and reviews, the court shall make an order directed to the association directing it …

39:6-84.1. Increase in payment of maximum amounts from fund; application to accidents on or after January 1, 1973 The provisions of sections 9, 13 and 24 of the act of which this act is supplementary (C. 39:6-69, 39:6-73 and 39:6-84) as amended by sections 3, 4 and 5 of P.L.1972,…

39:6-85 Subrogation. 25. Subrogation. When judgment has been obtained against the association in an action brought under this act, the association shall, upon payment from the fund of the amount of the judgment to the extent provided in this act, be subrogated to the cause of act…

39:6-86.1 UCJF benefits. 7. When any person qualified to receive payments under the provisions of the "Unsatisfied Claim and Judgment Fund Law" suffers bodily injury or death as a pedestrian, as defined in section 2 of P.L.1972, c.70 (C.39:6A-2), caused by a motor vehicle, includ…

39:6-86.2. Payments of benefits The benefits provided in sections 7 and 10 shall be payable as loss accrues, upon written notice of such loss, including reasonable proof of such loss, except that benefits collectible under: a. Employees' temporary disability benefit statutes and …

39:6-86.3. Denial of benefits; grounds Any qualified person entitled to receive benefits as provided in section 7 of this act shall be precluded from receiving such benefits where such person's conduct contributed to his personal injuries or death in any of the following ways: a.…

39:6-86.4. Death or injury due to unidentifiable operator or owner, or to operator using automobile without consent of owner; benefits payable; conditions When the death of or personal injury to any person arises out of the ownership, maintenance or use of an automobile in this S…

39:6-86.5. Application for benefits; payment Any qualified person seeking to receive benefits as provided in sections 7 and 10 of this act shall comply with the provisions of section 5 of P.L.1952, c. 174 (C. 39:6-65) and payment under these sections shall be payable to the quali…

39:6-86.6 Recovery from uninsured motorist. 12. The association shall be entitled to recover on behalf of the Unsatisfied Claim and Judgment Fund for all payments made by it pursuant to sections 7 and 10 of this act, regardless of fault, from any person who owned or operated the …

39:6-86.7 Provision of personal injury protection benefits, certain pedestrians. 35. The Unsatisfied Claim and Judgment Fund created pursuant to P.L.1952, c.174 (C.39:6-61 et seq.) shall provide personal injury protection benefits pursuant to section 7 of P.L.1972, c.198 (C.39:6-…

39:6-87 Registration, etc. not restored until fund is reimbursed. 27. Registration, etc. not restored until fund is reimbursed. Where the license or privileges of any person, or the registration of a motor vehicle registered in the person's name, has been suspended or cancelled u…

39:6-88 Fund to be held in trust. 28. Fund to be held in trust. All sums received by the association pursuant to any of the provisions of this act shall become part of the fund, and shall be held by the association in trust for the carrying out of the purposes of this act and for…

39:6-90 Penalty for false statements. 30. Any person and any agent or servant of such person, who knowingly files with the fund or the association or either of them, any notice, statement or other document required under this act, which is false or untrue or contains any material…

39:6-90.1. Partial invalidity In the event any section, term or provision of this act or of the act to which this act is amendatory and supplementary shall be adjudged invalid for any reason, such judgment shall not affect, impair or invalidate any other section, term or provisio…

39:6A-1. Short title This act may be cited and known as the "New Jersey Automobile Reparation Reform Act." L.1972, c. 70, s. 1.

39:6A-1.1 Short title; findings, declarations. 1. a. This act shall be known and may be cited as the "Automobile Insurance Cost Reduction Act." b. The Legislature finds and declares: Whereas, While New Jersey's automobile insurance no-fault law, enacted twenty-six years ago, has …

39:6A-1.2 Rules, regulations. 73. The commissioner may promulgate any rules and regulations pursuant to P.L.1968, c.410 (C.52:14B-1 et seq.) deemed necessary in order to effectuate the provisions of this amendatory and supplementary act. L.1998,c.21,s.73.