New Jersey Automobile Reparation Reform Act, personal injury protection and no-fault

What this document is

N.J.S.A. Title 39 Chapter 6A - New Jersey Automobile Reparation Reform Act, personal injury protection and no-fault (39:6A-1 through 39:6A-35, 56 sections) is a state statute published by New Jersey Legislature (Office of Legislative Services), bulk statute distribution. It is one of the New Jersey documents that insurance license exam questions are written from, including new jersey property & casualty, new jersey personal lines practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• N.J.S.A. 39:6A-4(b)-(c) (Personal injury protection coverage, regardless of fault)

  “b. Income continuation benefits. The payment of the loss of income of an income producer as a result of bodily injury disability, subject to a maximum weekly payment of $100. Such sum shall be payable during the life of the injured person and shall be subject to an amount or limit of $5,200, on...”

• N.J.S.A. 39:6A-8.1(b) (Election of tort option)

  “If the named insured fails to elect, in writing, any of the tort options offered pursuant to section 8 of P.L. 1972, c. 70 (C. 39:6A-8), the named insured shall be deemed to elect the tort option of subsection a. of that section 8.”

• N.J.S.A. 39:6A-4.2 (Primacy of coverages)

  “the personal injury protection coverage of the named insured shall be the primary coverage for the named insured and any resident relative in the named insured's household who is not a named insured under an automobile insurance policy of his own. No person shall recover personal injury protection...”

• N.J.S.A. 39:6A-7(b)(4) (Exclusion from certain insurance benefits)

  “was a member of the named insured's family residing in the named insured's household, if that person is entitled to coverage under section 4 or section 10 of P.L.1972, c.70 (C.39:6A-4 or 39:6A-10), or both, section 4 of P.L.1998, c.21 (C.39:6A-3.1) or section 45 of P.L.2003, c.89 (C.39:6A-3.3) as a...”

• N.J.S.A. 39:6A-4.3(e) (Personal injury protection coverage options)

  “If none of the aforesaid medical expense benefits options is affirmatively chosen in writing, the policy shall provide $250,000 medical expense benefits coverage;”

• N.J.S.A. 39:6A-8.1(b), (c) (Election of tort option)

  “b. If the named insured fails to elect, in writing, any of the tort options offered pursuant to section 8 of P.L. 1972, c. 70 (C. 39:6A-8), the named insured shall be deemed to elect the tort option of subsection a. of that section 8. c. The tort option elected by a named insured for an automobile...”

• N.J.S.A. 39:6A-7(b)(1), (2) (Exclusion from certain insurance benefits)

  “b. An insurer may also exclude from the benefits provided in sections 4 and 10 of P.L.1972, c.70 (C.39:6A-4 and 39:6A-10), the medical expense benefits provided in section 4 of P.L.1998, c.21 (C.39:6A-3.1) and benefits provided in section 45 of P.L.2003, c.89 (C.39:6A-3.3) any person having...”

• N.J.S.A. 39:6A-3.3(b)(1) (Establishment of special automobile insurance policy; emergency personal injury protection)

  “"Emergency personal injury protection coverage" issued pursuant to this section means and includes only payment of treatment for emergency care in an amount not to exceed $250,000 per person per accident.”

• N.J.S.A. 39:6A-4(d) (Personal injury protection coverage; death benefits of an income producer)

  “In the event of the death of an income producer as a result of injuries sustained in an accident entitling such person to benefits under this section, the maximum amount of benefits which could have been paid to the income producer, but for his death, under subsection b. of this section shall be...”

• N.J.S.A. 39:6A-4 (Personal injury protection coverage; no subrogation for deductible or copayment)

  “No insurer or health provider providing benefits to an insured shall have a right of subrogation for the amount of benefits paid pursuant to any deductible or copayment under this section.”

• N.J.S.A. 39:6A-3.1(c) (Election of basic automobile insurance policy; coverage provided)

  “In addition to the aforesaid coverages required to be provided in a basic automobile insurance policy, optional liability insurance coverage insuring against loss resulting from liability imposed by law for bodily injury or death in an amount or limit of $10,000, exclusive of interests and costs,...”

• N.J.S.A. 39:6A-4.3 (Personal injury protection coverage options)

  “If it is determined that an insured who selected or is otherwise covered by the option provided in subsection d. of this section did not have such health coverage in effect at the time of an accident, medical expense benefits shall be payable by the person's automobile insurer and shall be subject...”

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