Bill

Bill > A2761


NJ A2761

NJ A2761
Restricts access to motor vehicle accident reports under certain circumstances.


summary

Introduced
02/13/2020
In Committee
02/13/2020
Crossed Over
Passed
Dead
01/11/2022

Introduced Session

2020-2021 Regular Session

Bill Summary

This bill establishes parameters for the distribution of certain accident report information. Under current law, N.J.S.A.17:33A-29, certain information from accident reports is made available by State and local law enforcement to investigators employed by insurers no later than 24 hours following the time of occurrence. This bill would provide that this information would not be available to the general public until after 90 days have elapsed from the date of the accident, with certain exceptions. 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 general public until after 90 days have elapsed from the date of the accident, with certain exceptions. The persons exempt from the 90-day delay period are: (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) employees of a law enforcement agency or other governmental employees authorized to investigate or prosecute insurance fraud; (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 the law. In addition, the bill defines "authorized representative" to include: (1) a licensed attorney retained by and acting under the express authorization of a person listed in the accident report or the express authorization 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.

AI Summary

This bill establishes a 90-day delay period before motor vehicle accident reports can be made available to the general public, with certain exceptions. The exceptions include investigators and claim representatives employed by insurers, vehicle owners and passengers, law enforcement and government employees investigating insurance fraud, and individuals who were involved in the accident or their authorized representatives. The bill also defines "authorized representative" to include licensed attorneys and next of kin of deceased or incapacitated persons. The bill does not prohibit law enforcement from making information available to insurers under existing law or from providing information required for criminal investigations.

Committee Categories

Justice

Sponsors (3)

Last Action

Introduced, Referred to Assembly Law and Public Safety Committee (on 02/13/2020)

bill text


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