Bill > S768

Introduced Session

This bill establishes parameters for the distribution of certain accident report information. Under current law, section 45 of P.L.1998, c.21 (C.17:33A-29), accident reports are made available by State and local law enforcement to investigators employed by insurers no later than 24 hours following the time of occurrence. The bill would provide that these reports would not be available to the public until after 90 days have elapsed from the date of the accident, with certain exceptions. Under the bill, no later than 24 hours following the occurrence, the reports would be available to the following individuals: (1) investigators and claim representatives employed by insurers; (2) vehicle owners, operators, or passengers listed in the accident report or an authorized representative of such identified person; (3) governmental employees authorized to investigate or prosecute insurance fraud; and (4) any person who claims to have suffered personal injury or property damage as a result of the motor vehicle accident, including pedestrians, or an authorized representative of such person, provided such person or authorized representative identifies with sufficient specificity the time and location of the accident described in the report, upon presentation of appropriate identification and any other information required by section 45 of P.L.1998, c.21 (C.17:33A-29). The bill defines an "authorized representative" as: (1) a licensed attorney retained by and acting under the express authorization of a person listed in the accident report or of a person who claims to have suffered personal injury or property damage as a result of the motor vehicle accident, or an employee of such attorney, who provides written documentation demonstrating that the attorney has been retained to represent such person; or (2) the next of kin of any person whose death or incapacitation results from the motor vehicle accident. The bill further provides that information contained in an accident report concerning a criminal investigation otherwise required to be made available within 24 hours or as soon as practical pursuant to subsection b. of section 3 of P.L.1963, c.73 (C.47:1A-3), provisions of the State's Open Public Records Act, shall not be subject to the 90 day period. This bill also amends R.S.39:4-131 with regard to the form for an accident report which is prepared by the Motor Vehicle Commission and supplied to police departments. Under current law these accident reports are not considered privileged or confidential and every citizen has a right to inspect and copy these reports. The bill would delay the availability of such information to the public, except as enumerated above, until after 90 days have elapsed from the date of the accident. Additionally in this section of law, the bill removes cross references to section 2 of P.L.1976, c.23 (C.19:59-2) concerning the definition of "fax," being one of the means by which people could request and police departments provide accident reports. The cross reference is obsolete because that referred to section was amended in 2008 to replace the definition of fax with a new definition for "electronic means" as a means of transmitting information. See P.L.2008, c.61, s.2.

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Gerald Cardinale (R)*,  Nick Scutari (D)*,  Steven Oroho (R),  Troy Singleton (D), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/14/2020)

Official Document