Law Offices of Jan Meyer and Associates, P.C.
Guide to Recovery of PIP in New Jersey
With Other Selected New Jersey Laws Related to Subrogation
By: Noah Gradofsky, Esq.
Edited by: Jan Meyer, Esq.
(201) 862-9500
(201) 862-9400 (Fax)
njpip@janmeyerlaw.com

Click here to download our printable Quick Guide to New Jersey PIP Recovery (Current as of August 7, 2019 **8/7/19 update added information ragarding ride share companies**).

Click here for our Guide to Recovery of PIP in New York.

This is a basic primer on New Jersey law as pertaining to recovery of no-fault (AKA "PIP") payments.  It by no means covers all the intricacies of New Jersey law, and therefore should be used as reference only. Some issues of law may be mentioned more than once on this page, where we felt the issue belongs under more than one heading.  This document is provided as a reference guide only and is provided subject to this disclaimer. This page is current as of August 7, 2019. If you have been here before and want to look for newly added information please see the update log below.

Click on individual terms to see how they are defined in New Jersey PIP Law or to access further discussion of a particular issue (note that many of the definitions and discussions will come up in the frame at the bottom of the page). The best way to view this guide is to browse the table of contents in the top frame. Click on the subject of interest, and you will see the discussion in the bottom frame. CLICK HERE IF YOU DO NOT SEE THE BOTTOM FRAME Note that some terms are left undefined, either because the definitions are intuitive, or because they are beyond the scope of this guide.

OVERVIEW (see "Contents" below for links to each topic and its subtopics):

RECENT DEVELOPMENTS IN NEW JERSEY PIP LAW AND OTHER INSURANCE/SUBROGATION LAWS OF INTEREST
 

UPDATE LOG FOR THIS WEB PAGE
In the future, additional information added to this web page will be listed here so that if you check this page periodically, you can easily find updated information.

CONTENTS:


N.J.S.A. 39:6A-11: Pro-rata sharing when more than one PIP policy applies (rare)

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 one person, the maximum amount payable shall be as specified in those sections 4 and 10 of P.L.1972, c. 70 (C.39:6A-4 and 39:6A-10), section 4 of P.L.1998, c. 21 (C.39:6A-3.1) and section 45 of P.L.2003, c.89 (C.39:6A-3.3), respectively, if additional first party coverage applies and any insurer paying the benefits shall be entitled to recover from each of the other insurers, only by inter-company arbitration or inter-company agreement, an equitable pro-rata share of the benefits paid.

Summary of N.J.S.A. 39:6A-11

If a person is entitled to PIP/APIP benefits under more than one policy, then:

Notes on N.J.S.A 39:6A-11

N.J.S.A. 39:6A-6 Recovery of PIP from Worklers' Compensation and Disability Carriers.

39:6A-6 Collateral source.

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 the benefits provided in section 45 of P.L. 2003, c. 89 (C. 39:6A-3.3) shall be payable as loss accrues, upon written notice of such loss and without regard to collateral sources, except that benefits, collectible under workers' compensation insurance, employees' temporary disability benefit statutes, Medicare provided under federal law, and benefits, in fact collected, that are provided under federal law to active and retired military personnel shall be deducted from the benefits collectible under 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 the benefits provided in section 45 of P.L. 2003, c. 89 (C. 39:6A-3.3).

If an insurer has paid those benefits and the insured is entitled to, but has failed to apply for, workers' compensation benefits or employees' temporary disability benefits, the insurer may immediately apply to the provider of workers' compensation benefits or of employees' temporary disability benefits for a reimbursement of any benefits pursuant to sections 4 and 10 of P.L. 1972, c. 70 (C. 39:6A-4 and 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) it has paid.

Summary of N.J.S.A. 39:6A-6:

Notes on N.J.S.A 39:6A-6:

Other selected New Jersey laws related to subrogation.

Primary, excess, and co-primary coverage.

  • NJ does not allow tort subrogation against a "public entity" or a "public employee". N.J.S.A. 59:9-2(e) states that "[n]o insurer or other person shall be entitled to bring an action under a subrogation provision in an insurance contract against a public entity or public employee." Notes:
  • Uninsured/Underinsured Motorist Subrogation (UM/UIM)

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