ASSEMBLY, No. 1488
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 5, 1996
By Assemblyman DORIA
An Act concerning the conduct of certain professionals and the use of motor vehicle accident reports, supplementing chapter 40A of Title 2C of the New Jersey Statutes and amending R.S.39:4-131.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) An attorney, physician, chiropractor or other health care professional licensed or certified to practice in this State, with the intent of obtaining professional employment for himself or another, shall not contact a person or that person's relative concerning an action for personal injury or wrongful death or an action that otherwise relates to an accident or disaster involving that person for a period of 31 days after the date on which the accident or disaster occurred. This prohibition shall not apply if the person or his relative, as the case may be, had a previous business relationship with the professional. This prohibition shall not apply to recommendations or referrals by past or present clients or patients, friends, relatives or other individuals relying on the reputation of the professional, provided that the recommendation or referral is not made for monetary remuneration. This prohibition shall not apply to referrals secured through traditional advertising such as radio, television, newspapers or magazines. In the case of a motor vehicle accident, this prohibition shall apply only if the person involved has declined such contacts pursuant to R.S.39:4-131.
A person who violates the provisions of this section shall be guilty of a crime of the fourth degree.
2. R.S.39:4-131 is amended to read as follows:
39:4-131. The division shall prepare and supply to police departments and other suitable agencies, forms for accident reports calling for sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved, the compliance with P.L.1984, c.179 (C.39:3-76.2e et seq.) by the operators and passengers of the vehicles involved in the accident, and such information as the director may require. The forms shall contain a means of indicating if a person involved in an accident does not desire to be contacted by persons seeking to obtain professional employment pursuant to section 1 of P.L. c. (C. ) (now pending before the Legislature as this bill).
Every law enforcement officer who investigates a vehicle accident of which a report must be made as required in this Title, or who otherwise prepares a written report as a result of an accident or thereafter by interviewing the participants or witnesses, shall forward a written report of such accident to the division, on forms furnished by it, within five days after his investigation of the accident.
Such written reports required to be forwarded by law enforcement officers and the information contained therein shall not be privileged or held confidential. Every citizen of this State shall have the right, during regular business hours and under supervision, to inspect and copy such reports and shall also have the right in person to purchase copies of the reports at the same fee established by section 2 of P.L.1963, c.73 (C.47:1A-2). If copies of reports are requested other than in person, an additional fee of up to $5.00 for the first three pages and $1.00 per page thereafter may be added to cover the administrative costs of the report.
The provisions of any other law or regulation to the contrary notwithstanding, reports obtained pursuant to this act shall not be subject to confidentiality requirements except as provided by section 28 of P.L.1960, c.52 (C.2A:84A-28).
(cf: P.L.1987, c.26, s.1)
3. (New section) An attorney, physician, chiropractor or other health care professional licensed or certified to practice in this State, with the intent of obtaining professional employment for himself or another, who employs or otherwise engages a third party for the purpose of contacting a person or that person's relative concerning a specific action for personal injury or wrongful death or an action that otherwise relates to a specific accident or disaster involving that person is guilty of a crime of the fourth degree.
4. (New section) Any person who accepts employment or is otherwise engaged by an attorney, physician, chiropractor or other health care professional licensed or certified to practice in this State, with the intent of obtaining employment for the professional or another by contacting a person or that person's relative concerning a specific action for personal injury or wrongful death or an action that otherwise relates to a specific accident or disaster involving that person is guilty of a crime of the fourth degree.
5. (New section) Any insurance release executed or signed by a person or that person's relative concerning an action for personal injury or wrongful death or that otherwise relates to an accident or disaster involving that person for a period of 31 days after the date on which the accident or disaster occurred shall be null and void in the event that the release is subsequently challenged.
6. (New section) The solicitation of such professional services in this State shall establish sufficient minimum contacts for the service of process and personal jurisdiction in this State.
7. (New section) Nothing in this act shall be construed to deny or limit any rights or freedoms guaranteed by the federal or State Constitutions.
8. Any statements or documentary evidence obtained by an insurance company concerning an action for personal injury or wrongful death or that otherwise relates to an accident or disaster involving that person for a period of 31 days after the date on which the accident or disaster shall be inadmissible in any civil proceeding.
9. This act shall take effect on the first day of the third month after enactment.
STATEMENT
This bill would prohibit attorneys, physicians, chiropractors and other health care professionals from contacting victims of accidents or disasters or their relatives concerning personal injury or wrongful death actions for a period of 31 days after the incident occurred. In the case of a motor vehicle accident, an attorney or health care professional may contact an accident victim within that time period unless the victim indicates on the accident report that the victim declines such contact. A professional who violates the provisions of this bill would be guilty of a crime of the fourth degree. A crime of the fourth degree is punishable by a term of imprisonment not to exceed 18 months, a fine of up to $7,500 or both.
The bill also prohibits the use of a "runner" or other person to solicit professional services on behalf of the professional at any time after an accident or disaster. Hiring another person to be a "runner" or accepting employment as a "runner" would also constitute crimes of the fourth degree.
The bill would nullify an insurance release executed or signed within the 31 day period if the validity of the release were challenged later.
The bill's provisions would not apply if the person had a prior business relationship with the professional, the referral was made without monetary renumeration or it was secured through traditional advertising.
The bill also requires the Director of Motor Vehicles to amend the accident report form prescribed in R.S.39:4-131 to permit an accident victim to decline to be contacted by such professionals.
Prohibits certain persons from contacting accident and disaster victims to solicit business for 31 days after incident.