Liability of tortfeasors carrying PIP although not required to do so:. N.J.S.A. 39:6A-9.1 allows for recovery of PIP from a "tortfeasor who was not, at the time of the accident, required to maintain personal injury protection . . . or although required did not maintain personal injury protection . . ." The "or" here is not 100% clear. The plain meaning of the statute is that a tortfeasor that is not required to carry PIP is liable for loss-transfer even if the vehicle did, in fact, carry PIP. To date, there is no published opinion in New Jersey confirming this. In Empire Fire and Marine Ins. Co. V. GSA Ins. Co. 354 N.J. Super. 415, 808 A.2d 98 (App. Div. 2002), the Appellate Division passed on this question, saying, "“In light of the basis for our reversal here, it is not necessary for us to determine whether voluntary PIP coverage on a commercial vehicle would preclude a private vehicle carrier's reimbursement rights under N.J.S.A. 39:6A-9.1 and we express no view as to that.”

It is our view that the statute is clear on its face, that unless the tortfeasing vehicle is subject to the PIP requirement (i.e. meets the statutory definition of "automobile" or "motor bus") then it is subject to recovery of PIP even if its insurance happened to carry a PIP endorsement. This conclusion is supported by the following observations:


Note that it is extremely rare that a vehicle not required to carry PIP actually has PIP. Where this situation appears to come up, it is highly advisable to review the policy declarations as well as the PIP endorsement. Often, the PIP endorsement is designed to carve out any vehicles that are not required to carry PIP. This is what happened in Empire Fire and Marine Ins. Co. V. GSA Ins. Co. 354 N.J. Super. 415, 808 A.2d 98 (App. Div. 2002). Similar circumstances arose in this unreported case litigated by Law Offices of Jan Meyer. (opens in a new window). It is clear that if a tortfeasing vehicle not required to have PIP is listed on a policy which includes a PIP endorsement for other vehicles, this will not insulate the tortfeasor from liability.

This document is provided as a reference guide only and is provided subject to this disclaimer.

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