New Jersey-2024-S3949-Introduced

An Act concerning crash reports and personal injury protection, amending various parts of the statutory law, and supplementing P.L.1972, c.70 (C.39:6A-1 et seq.).

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

1. Section 2 of P.L.1972, c.70 (C.39:6A-2) is amended to read as follows:

2. As used in [this act] P.L.1972, c.70 (C.39:6A-1 et seq.):

a. "Automobile" means a private passenger automobile of a private passenger or station wagon type that is owned or hired and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; and a motor vehicle with a pickup body, a delivery sedan, a van, or a panel truck or a camper type vehicle used for recreational purposes owned by an individual or by husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the insured other than farming or ranching. An automobile owned by a farm family copartnership or corporation, which is principally garaged on a farm or ranch and otherwise meets the definitions contained in this section, shall be considered a private passenger automobile owned by two or more relatives resident in the same household.

b. "Essential services" means those services performed not for income which are ordinarily performed by an individual for the care and maintenance of such individual's family or family household.

c. "Income" means salary, wages, tips, commissions, fees and other earnings derived from work or employment.

d. "Income producer" means a person who, at the time of the accident causing personal injury or death, was in an occupational status, earning or producing income.

e. "Medical expenses" means reasonable and necessary expenses for treatment or services as provided by the policy, including medical, surgical, rehabilitative and diagnostic services and hospital expenses, provided by a health care provider licensed or certified by the State or by another state or nation, and reasonable and necessary expenses for ambulance services or other transportation, medication and other services as may be provided for, and subject to such limitations as provided for, in the policy, as approved by the commissioner. "Medical expenses" shall also include any nonmedical remedial treatment rendered in accordance with a recognized religious method of healing.

f. "Hospital expenses" means the cost of treatment and services, as provided in the policy approved by the commissioner, by a licensed and accredited acute care facility which engages primarily in providing diagnosis, treatment and care of sick and injured persons on an inpatient or outpatient basis; the cost of covered treatment and services provided by an extended care facility which provides room and board and skilled nursing care 24 hours a day and which is recognized by the administrators of the federal Medicare program as an extended care facility; and the cost of covered services at an ambulatory surgical facility supervised by a physician licensed in this State or in another jurisdiction and recognized by the Commissioner of Health and Senior Services, or any other facility licensed, certified or recognized by the Commissioner of Health and Senior Services or the Commissioner of Human Services or a nationally recognized system such as the Commission on Accreditation of Rehabilitation Facilities, or by another jurisdiction in which it is located.

g. "Named insured" means the person or persons identified as the insured in the policy and, if an individual, his or her spouse, if the spouse is named as a resident of the same household, except that if the spouse ceases to be a resident of the household of the named insured, coverage shall be extended to the spouse for the full term of any policy period in effect at the time of the cessation of residency.

h. "Pedestrian" means any person who is not occupying, entering into, or alighting from a vehicle propelled by other than muscular power and designed primarily for use on highways, rails and tracks. "Pedestrian" shall include any person operating a bicycle, low-speed electric bicycle, or low-speed electric scooter, as defined in R.S.39:1-1.

i. "Noneconomic loss" means pain, suffering and inconvenience.

j. "Motor vehicle" means a motor vehicle as defined in R.S.39:1-1, exclusive of an automobile as defined in subsection a. of this section.

k. "Economic loss" means uncompensated loss of income or property, or other uncompensated expenses, including, but not limited to, medical expenses.

l. "Health care provider" or "provider" means those persons licensed or certified to perform health care treatment or services compensable as medical expenses and shall include, but not be limited to, (1) a hospital or health care facility which is maintained by a state or any of its political subdivisions, (2) a hospital or health care facility licensed by the Department of Health and Senior Services, (3) other hospitals or health care facilities designated by the Department of Health and Senior Services to provide health care services, or other facilities, including facilities for radiology and diagnostic testing, freestanding emergency clinics or offices, and private treatment centers, (4) a nonprofit voluntary visiting nurse organization providing health care services other than in a hospital, (5) hospitals or other health care facilities or treatment centers located in other states or nations, (6) physicians licensed to practice medicine and surgery, (7) licensed chiropractors, (8) licensed dentists, (9) licensed optometrists, (10) licensed pharmacists, (11) licensed podiatrists, (12) registered bio-analytical laboratories, (13) licensed psychologists, (14) licensed physical therapists, (16) certified nurse-midwives, (17) certified nurse-practitioners/clinical nurse-specialists, (18) licensed health maintenance organizations, (19) licensed orthotists and prosthetists, (20) licensed professional nurses, and (21) providers of other health care services or supplies, including durable medical goods.

m. "Medically necessary" means that the treatment is consistent with the symptoms or diagnosis, and treatment of the injury (1) is not primarily for the convenience of the injured person or provider, (2) is the most appropriate standard or level of service which is in accordance with standards of good practice and standard professional treatment protocols, as such protocols may be recognized or designated by the Commissioner of Banking and Insurance, in consultation with the Commissioner of Health and Senior Services or with a professional licensing or certifying board in the Division of Consumer Affairs in the Department of Law and Public Safety, or by a nationally recognized professional organization, and (3) does not involve unnecessary diagnostic testing.

n. "Standard automobile insurance policy" means an automobile insurance policy with at least the coverage required pursuant to sections 3 and 4 of P.L.1972, c.70 (C.39:6A-3 and 39:6A-4).

o. "Basic automobile insurance policy" means an automobile insurance policy pursuant to section 4 of P.L.1998, c.21 (C.39:6A-3.1).

(cf: P.L.2005, c.259, s.35)

2. (New section) If a pedestrian is involved in an accident resulting in injury or death to the pedestrian, the injury or death shall be covered by the pedestrian's personal injury protection coverage in accordance with section 4 of P.L.1972, c.70 (C.39:6A-4).

3. R.S.39:4-129 is amended to read as follows:

39:4-129. (a) The driver or operator of any vehicle, low-speed electric bicycle, or low-speed electric scooter, knowingly involved in an accident resulting in injury or death to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $2,500 nor more than $5,000, or be imprisoned for a period of 180 days, or both. The term of imprisonment required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver or operator convicted of violating this section.

In addition, any person convicted under this subsection shall forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of his conviction for the first offense and for a subsequent offense shall thereafter permanently forfeit his right to operate a motor vehicle over the highways of this State.

(b) The driver or operator of any vehicle, low-speed electric bicycle, or low-speed electric scooter knowingly involved in an accident resulting only in damage to a vehicle, low-speed electric bicycle, or low-speed electric scooter, including his own vehicle, low-speed electric bicycle, or low-speed electric scooter, or other property which is attended by any person shall immediately stop his vehicle, low-speed electric bicycle, or low-speed electric scooter at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be imprisoned for a period of not less than 30 days nor more than 90 days or both.

In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.

(c) The driver or operator of any vehicle, low-speed electric bicycle, or low-speed electric scooter knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle, low-speed electric bicycle, or low-speed electric scooter, or property shall give his name and address and exhibit his operator's license and registration certificate of his vehicle, if required, to the person injured or whose vehicle, low-speed electric bicycle, or low-speed electric scooter, or property was damaged and to any police officer or witness of the accident, and to the driver, operator, or occupants of the vehicle collided with and render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured person.

In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under this subsection, and no police officer is present, the driver or operator of any vehicle involved in such accident after fulfilling all other requirements of subsections (a) and (b) of this section, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit thereto the information specified in this subsection.

(d) The driver or operator of any vehicle, low-speed electric bicycle, or low-speed electric scooter which knowingly collides with or is knowingly involved in an accident with any vehicle, low-speed electric bicycle, or low-speed electric scooter, or other property which is unattended resulting in any damage to such vehicle, low-speed electric bicycle, or low-speed electric scooter, or other property shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle, low-speed electric bicycle, or low-speed electric scooter, or other property of the name and address of the driver or operator, and owner of the vehicle, low-speed electric bicycle, or low-speed electric scooter striking the unattended vehicle or other property or, in the event an unattended vehicle, low-speed electric bicycle, or low-speed electric scooter is struck and the driver or operator or owner thereof cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle, low-speed electric bicycle, or low-speed electric scooter a written notice giving the name and address of the driver or operator and owner of the vehicle, low-speed electric bicycle, or low-speed electric scooter doing the striking or, in the event other property is struck and the owner thereof cannot be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the State Police and in addition shall notify the owner of the property as soon as the owner can be identified and located. Any person who violates this subsection shall be punished as provided in subsection (b) of this section.

(e) There shall be a permissive inference that the driver or operator of any motor vehicle, low-speed electric bicycle, or low-speed electric scooter involved in an accident resulting in injury or death to any person or damage in the amount of $250.00 or more to any vehicle or property has knowledge that he was involved in such accident.

For purposes of this section, it shall not be a defense that the operator of the motor vehicle, low-speed electric bicycle, or low-speed electric scooter was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident.

There shall be a permissive inference that the registered owner of the vehicle, low-speed electric bicycle, or low-speed electric scooter which was involved in an accident subject to the provisions of this section was the person involved in the accident; provided, however, if that vehicle, low-speed electric bicycle, or low-speed electric scooter is owned by a rental car company or is a leased vehicle, low-speed electric bicycle, or low-speed electric scooter, there shall be a permissive inference that the renter or authorized driver or operator pursuant to a rental car contract or the lessee, and not the owner of the vehicle, low-speed electric bicycle, or low-speed electric scooter, was involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver or operator or lessee and not the owner of the vehicle, low-speed electric bicycle, or low-speed electric scooter.

Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of not less than $250 or more than $1,000.

(cf: P.L.2007, c.266, s.1)

4. R.S.39:4-130 is amended to read as follows:

39:4-130. The driver or operator of a vehicle or street car or operator of a low-speed electric bicycle, low-speed electric scooter involved in an accident resulting in injury to or death of any person, or damage to property of any one person in excess of $500.00 shall by the quickest means of communication give notice of such accident to the local police department or to the nearest office of the county police of the county or of the State Police, and in addition shall within 10 days after such accident forward a written report of such accident to the commission on forms furnished by it. Such written reports shall contain sufficiently detailed information with reference to a motor vehicle, low-speed electric bicycle, or low-speed electric scooter accident, including the cause, the conditions then existing, the persons and vehicles, low-speed electric bicycles, or low-speed electric scooters involved and such information as may be necessary to enable the chief administrator to determine whether the requirements for the deposit of security required by law are inapplicable by reason of the existence of insurance or other circumstances. The chief administrator may rely upon the accuracy of the information contained in any such report, unless he has reason to believe that the report is erroneous. The commission may require operators involved in accidents to file supplemental reports of accidents upon forms furnished by it when in the opinion of the commission, the original report is insufficient. The reports shall be without prejudice, shall be for the information of the commission, and shall not be open to public inspection. The fact that the reports have been so made shall be admissible in evidence solely to prove a compliance with this section, but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any proceeding or action arising out of the accident.

Whenever the driver or operator of a vehicle, low-speed electric bicycle, or low-speed electric scooter is physically incapable of giving immediate notice or making a written report of an accident as required in this section and there was another occupant in the vehicle at the time of the accident capable of giving notice or making a report, such occupant shall make or cause to be made said notice or report not made by the driver or operator.

Whenever the driver or operator is physically incapable of making a written report of an accident as required by this section and such driver is not the owner of the vehicle, low-speed electric bicycle, or low-speed electric scooter, then the owner of the vehicle, low-speed electric bicycle, or low-speed electric scooter involved in such accident shall make such report not made by the driver or operator.

In those cases where a driver or operator knowingly violates the provisions of this section by failing to make a written report of an accident, there shall be a permissive inference that the registered owner of the vehicle, or owner of the low-speed electric bicycle, or low-speed electric scooter which was involved in that accident was the person involved in the accident; provided, however, if that vehicle is owned by a rental car company or a company engaged in the business of renting low-speed electric bicycles or low-speed electric scooters, or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver or operator pursuant to a rental car contract or low-speed electric bicycle or low-speed electric scooter rental contract or the lessee, and not the owner of the vehicle, was the person involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver, operator, or lessee and not the owner of the vehicle.

A written report of an accident shall not be required by this section if a law enforcement officer submits a written report of the accident to the commission pursuant to R.S.39:4-131.

Except as otherwise provided in this section, a person who knowingly violates this section shall be fined not less than $30 or more than $100.

The chief administrator may revoke or suspend the operator's license privilege and registration privilege of a person who violates this section.

(cf: P.L.2007, c.266, s.2)

5. R.S.39:4-131 is amended to read as follows:

39:4-131. The Department of Transportation 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, low-speed electric bicycle, or low-speed electric scooter accident, including the cause, the conditions then existing, the persons [and], vehicles, and low-speed electric bicycles, or low-speed electric scooters involved, the compliance with P.L.1984, c.179 (C.39:3-76.2e et seq.) by the operators and passengers of the vehicles, low-speed electric bicycles, or low-speed electric scooters involved in the accident, whether the operator of the vehicle, low-speed electric bicycle, or low-speed electric scooter was using a cellular telephone when the accident occurred, and such other information as the Commissioner of Transportation may require.

Every law enforcement officer who investigates a vehicle, low-speed electric bicycle, or low-speed electric scooter accident of which report must be made as required in this Title, or who otherwise prepares a written or an electronic report as a result of an accident or thereafter by interviewing the participants or witnesses, shall electronically transmit a report of such accident to the department, on forms furnished by it and in the electronic format prescribed by the department, within five days after the law enforcement officer's investigation of the accident.

Such written or electronic reports required to be prepared 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 6 of P.L.2001, c.404 (C.47:1A-5). If copies of reports are requested other than in person, an additional fee of up to $5 may be added to cover the administrative costs of the report. Upon request, a police department shall send an accident report to a person through the mail or via fax. The police department may require the person requesting the report to provide a completed request form and the appropriate fee prior to faxing or mailing the report. The police department shall provide the person requesting the report with the option of submitting the form and providing the appropriate fee either in person, through the mail, or via fax.

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).

When a motor vehicle, low-speed electric bicycle, or low-speed electric scooter accident results in the death or incapacitation of the driver, operator, or any passenger, the law enforcement officer responsible for notifying the next of kin that their relative is deceased or incapacitated, also shall inform the relative, in writing, how to obtain a copy of the accident report required by this section and the name, address, and telephone number of the person storing the motor vehicle pursuant to section 1 of P.L.1964, c.81 (C.39:10A-1).

The New Jersey Department of Transportation shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to require law enforcement officers to electronically transmit crash reports required to be prepared pursuant to this section.

(cf: P.L.2023, c.55, s.1)

6. This act shall take effect 180 days after the date of enactment.

STATEMENT

This bill provides that the operator of a bicycle, low-speed electric bicycle or low-speed electric scooter is a "pedestrian" for purposes of determining eligibility for personal injury protection benefits under an automobile insurance policy. Under current law, only certain persons, including those who are "pedestrians," are eligible to receive personal injury protection benefits for injuries resulting from a motor vehicle accident. The term "pedestrian" is defined in current law to mean any person who is not occupying, entering into, or alighting from a vehicle propelled by other than muscular power and designed primarily for use on highways, rails and tracks.

This bill is in response to a recent decision by the New Jersey Supreme Court, Goyco v. Progressive Ins. Co., A-12-23, 088497, 2024 N.J. Lexis 388 (May 14, 2024), in which the Court determined that the operator of a low-speed electric scooter is not a "pedestrian" and is therefore ineligible for personal injury protection benefits.

In addition, the bill incorporates low-speed electric bicycles and low-speed electric scooters into the various parts of existing law requiring crash reports.