One-car accidents in NJ will now be assessed insurance points, whether or not you get a ticket
Feb 26th, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & Traffic, New Jersey Injury InformationAs a New Jersey-insured driver, if you are involved in a one-car accident, chances are your insurance company will find you “at-fault” and, if the accident results in payment by the insurer of at least a $1,000 claim, the insurance company will assess up to five points against your insurability.
These points are eligibility points, issued by insurance companies to rate your risk level, NOT to be confused with penalty points issued by the NJ Motor Vehicle Agency for incidents involving moving violations. In New Jersey, a person purchasing auto insurance is considered “eligible” if he or she has not, over a three-year period, accrued in excess of 7 (seven) eligibility points. If a person accumulates seven or more eligibility points within a three-year period, an insurance company can decline to renew a person’s automobile insurance, deeming that person “ineligible”. In addition, this person would find him or herself paying a greatly increased premium for replacement insurance.
Reilly v. AAA Mid-Atlantic Insurance is a case in which the plaintiff was assessed five eligibility/insurance points by his insurance company when he was involved in a one-car accident. Seeing as the accident was a result of bad weather and icy roads, the plaintiff contends he was not driving recklessly (he was not issued a moving violation or ticketed) and, therefore, was not at fault. A decision was handed down by the Commissioner of The Department of Banking and Insurance stating that the driver was at-fault and the eligibility/insurance points were fairly assessed. The plaintiff appealed this decision. On February 16, 2007 in an Appellate Division decision of Reilly v. AAA Mid-Atlantic Insurance, the Court ruled in favor of the original decision handed down by the Department of Banking and Insurance, further asserting that the driver involved in this one-car accident was at-fault.
The Commissioner made the point, however, that the term “at-fault” has less to do with negligent or irresponsible driving, and more so with insurance companies recognizing their risk. In conclusion, it is likely that nearly all single-car accidents in New Jersey caused by poor weather/road conditions will result in the driver being “at-fault”.
See Reilly v. AAA Mid-Atlantic Insurance here: Reilly v. AAAMid-Atlantic.pdf
The author, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law focuses his practice on fighting for plaintiffs’ personal injury victim’s rights in both Pennsylvania and New Jersey. We handle all serious injuries, car accidents (both limited and full tort), wrongful death, slip & fall downs, construction accidents, Septa, NJ Transit, and other cases other cases. We are located just outside of Philadelphia in lower Bucks County. Please visit our personal injury only website at www.pa-nj-injurylawyer.com for more injury information.
I think they actually do excatly the same in Australia although slightly different.
Down there thay have a rating system for all motor car insurance when you first sign up and agree to insurance.
Rating go from a number one rating to a number 5 rating.
The difference there is that what you pay is based on waht your current rating is.
Ratings are based on how many accidents you’ve had or not had from that insurance company or previous insurance companies.
The difference over there is that there is no “department of banking & insurance”.
Regards, Travis
In New Jersey, does the use of a cell phone while driving 39:4-97.3 violation carry any points?
John,
No points either DMV or Insurance. The fine is $100-$250.
Copy of the actual law is shown below:
39: 4-97. 3 Use of hands-free and hand-held wireless telephones while driving; when permitted; penalty
a. The use of a wireless telephone by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle.
b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:
(1) The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or
(2) The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user’s telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.
As used in this act, “hands-free wireless telephone” means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.
“Use” of a wireless telephone shall include, but not be limited to, talking or listening to another person on the telephone.
c. Enforcement of this act by State or local law enforcement officers shall be accomplished only as a secondary action when the operator of a motor vehicle has been detained for a violation of Title 39 of the Revised Statutes or another offense.
d. A person who violates this section shall be fined no less than $100 or more than $250.
e. No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c. 8 (C.17:33B-14) shall be assessed for this offense.
f. The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act.