SENATE, No. 191

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Senator  NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

Assemblyman  JON M. BRAMNICK

District 21 (Essex, Morris, Somerset and Union)

Assemblyman  PETER J. BARNES, III

District 18 (Middlesex)

Assemblywoman  L. GRACE SPENCER

District 29 (Essex and Union)

 

 

 

 

SYNOPSIS

     Concerns priority of claims against certain insured tortfeasors as between insurer paying PIP benefits and injured party.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Commerce Committee with technical review.

  


An Act concerning recovery of personal injury protection benefits under certain circumstances and amending P.L.1983, c.362.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 20 of P.L.1983, c.362 (C.39:6A-9.1) is amended to read as follows:

     20.  a. An insurer, health maintenance organization or governmental agency paying benefits pursuant to subsection a., b. or d. of section 13 of P.L.1983, c.362 (C.39:6A-4.3), personal injury protection benefits in accordance with section 4 or section 10 of P.L.1972, c.70 (C.39:6A-4 or 39:6A-10), medical expense benefits pursuant to section 4 of P.L.1998, c.21 (C.39:6A-3.1) or benefits pursuant to section 45 of P.L.2003, c.89 (C.39:6A-3.3), as a result of an accident occurring within this State, shall, within two years of the filing of the claim, have the right to recover the amount of payments from any tortfeasor who was not, at the time of the accident, required to maintain personal injury protection or medical expense benefits coverage, other than for pedestrians, under the laws of this State, including personal injury protection coverage required to be provided in accordance with section 18 of P.L.1985, c.520 (C.17:28-1.4), or although required did not maintain personal injury protection or medical expense benefits coverage at the time of the accident.

     b.    In the case of an accident occurring in this State involving an insured tortfeasor, the determination as to whether an insurer, health maintenance organization or governmental agency is legally entitled to recover the amount of payments and the amount of recovery, including the costs of processing benefit claims and enforcing rights granted under this section, shall be made against the insurer of the tortfeasor, and shall be by agreement of the involved parties or, upon failing to agree, by arbitration.  Any recovery by an insurer, health maintenance organization or governmental agency pursuant to this subsection shall be subject to any claim against the insured tortfeasor’s insurer by the injured party and shall be paid only after satisfaction of that claim, up to the limits of the insured tortfeasor’s motor vehicle or other liability insurance policy.

(cf:  P.L.2003, c.89, s.53)

 

     2.    This act shall take effect immediately.