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New Jersey Auto Consumers’ Rights Q&A

New Jersey Department of Banking and Insurance
Holly C. Bakke, Commissioner
P.O. Box 325
Trenton, NJ 08625-0325
1-800-446-7467

Shopping for Auto Insurance? Start now and know your rights.

Below are some of the most commonly asked questions about auto insurance, and the answers every consumer should have before shopping for a new policy. But remember it is difficult to take advantage of your rights if you wait until the last minute.

  • Can a company refuse to sell auto insurance to me?

No, not as long as you are an "eligible" driver under the law. Eligibility is based primarily on motor vehicle violations, at-fault accidents and lapses in coverage. More than 97 percent of New Jersey drivers are "eligible" drivers. Please note, a small number of companies are exempt from this regulation due to membership requirements or financial condition. If your application is declined, the company must tell you the reason, in writing.

  • There are no insurance agents in my neighborhood. Where can I get insurance?

Call the Department of Banking and Insurance for a list of all companies that sell insurance in New Jersey. Many are "direct writers," who sell insurance over the telephone or by mail.

  • Can I be denied insurance because of where I live or my race, sex, or age?

No. Insurance companies are barred by law from refusing to sell auto insurance coverage based on any of these factors.

  • An insurance agent refused to tell me about rates. Is this right?

No. Insurance companies and agents must provide general pricing information for your area upon request. If you meet with an agent to get a "quote," or specific pricing for your policy, any agent who sells for multiple companies must give you quotes for each one.

  • Will I have to wait several weeks to get an appointment to buy auto insurance coverage?

No. If a company uses appointments, you should be scheduled so that you can get coverage before your current policy expires. Tell the agent your current expiration date, and get an appointment well in advance so your coverage will not lapse. Give yourself time to shop around—you might get a better price. Remember that processing the application will take some time, so don’t wait until the last minute.

  • What documents do I have to provide to get insurance?

That can vary, so be sure to ask and make a list of what is needed. You will be asked to provide a copy of your driver’s license and registration certificate for each covered vehicle and you may be asked to supply other information or documents. Companies cannot require you to provide a copy of your driver’s "abstract," or Division of Motor Vehicle record. You may wish to bring one if you do not have time to wait for the company to obtain one. It’s up to you.

  • How much time does an insurance company have to approve or reject my application once it is completed?

The company has 5 days from the time it receives a completed application to approve or decline it, and the clock starts running when the company receives the application, not when you put it in the mail. If you buy through an agent, ask how long it will take for the company to receive your application and you will know when to expect an answer.

Can I do anything to reduce the cost of my insurance?

Yes. Give yourself enough time to shop around. Prices vary from company to company. At the time of purchase, you will be asked to complete a "coverage selection form." Read the form carefully. You can pay less by taking advantage of cost-saving options available. Buy only the insurance you need. You can help lower the cost of insurance by reporting insurance fraud and spotting aggressive drivers who cause ac

 
New Jersey auto insurance consumers have control over a variety of factors that influence the cost of auto insurance.Before you buy, check out:
  • Your collision and comprehensive deductibles. Consumers can save premium dollars by choosing higher deductibles or eliminating coverage for older cars that are already paid for.
  • Your auto-related health insurer option. Consumers can save premium dollars by choosing their health care insurers as primary in the case of auto accident-related injuries. It is important to check with your health care insurer before choosing this option.
  • Your Personal Injury Protection deductible and limits. Standard policies usually carry a deductible of $250 and a PIP limit of $250,000. Consumers can save premium dollars by choosing a higher deductible of $500, $1,000, $2,000 or $2,500 AND/OR by choosing one of the new lower PIP limits of $15,000, $50,000, $75,000, $150,000.
  • Your lawsuit option. Consumers can save premium dollars by choosing the Limitation on Lawsuit option, which limits suits for pain and suffering except in cases of death or serious injury.
  • Your vehicle options. Generally, higher-priced cars and high-performance vehicles cost more to insure.
  • Your multiple car discount. Insuring two or more automobiles on one policy can reduce your premium.
  • Your youthful operator credits. Some insurers offer special "Good Student" discounts and discounts to those who successfully complete driver education programs.

Finally, remember your insurance ABCs: check with your Agent, Broker or Company representative if you have questions about your coverage options

AUTO REFORM UPDATE

Beginning March 22, 1999, a number of auto reforms took effect. You should be aware of these changes so you can make an informed choice about your auto insurance coverage and costs.

For specific information about how these changes will impact you, consult with your agent or insurance company representative.

BASIC POLICY

For drivers who may not currently have insurance, due to an inability to afford standard coverage, the reforms authorized the creation of a new basic auto insurance policy. This is a low-cost policy with minimum coverage that will meet mandatory insurance requirements. It has a $15,000 personal injury protection (PIP) medical expense limit, although treatment of certain extremely serious injuries and costs for hospital care of other significant injuries is covered up to $250,000. Other PIP benefits, such as income continuation and essential services, are not offered under the basic policy. Bodily injury liability coverage is also not included, although $10,000 in coverage is available as an option at additional cost. The policy provides a maximum property damage coverage of $5,000 and the "Limitation on Lawsuit Threshold" is mandatory for the basic policy.
 

NAMED DRIVER EXCLUSION

This option is aimed at parents wishing to avoid some of the high costs of comprehensive and collision typically associated with adding a teenaged driver to a policy. If such a driver will not be permitted to drive the most expensive family car, they can now be excluded from coverage on that car. If the named driver uses the car and has an accident, the insurer will not pay comprehensive and collision claims to have the car repaired.

NEW LOWER PIP LIMITS

While $250,000 in personal injury protection (PIP) medical coverage remains an option, consumers may now choose to buy reduced levels of PIP: $15,000, $50,000, $75,000 or $150,000. In the case of certain serious/permanent injuries, the $250,000 limit still applies to all policies.

LAWSUIT LIMITATIONS

For those who want to sue for any reason, regardless of the severity of the injury, the no-limit-on-lawsuit option remains available. As in the past, the premium for this option is significantly higher than for the lawsuit limitation threshold option which limits an individual’s right to sue. The new reforms tighten up the lawsuit limitation threshold language used to define injuries eligible for suit.

MEDICAL PROTOCOLS

To combat the over-use of medical benefits long associated with New Jersey’s auto insurance system, new medical protocols have been established for the treatment of soft tissue injuries to the neck and spine. These protocols are used as guidelines only - and are not intended to replace a treating physician’s medical judgement. A new arbitration system has been established to ensure that an independent panel of medical peers will resolve conflicts over what treatments are medically necessary.

TIER RATING

Insurers began implementing their tier rating plans at the end of 1998. Under tier rating, drivers are assigned to different rating tiers according to driving history and a variety of other risk characteristics including coverage limit, vehicle type and years of driving experience. Insurance companies created tiers based on risk characteristics that are important to them. They were required to prove to the state that the risk characteristics they chose were not arbitrary, capricious, or unfairly discriminatory and that the tiers were reasonable based on their loss experience. In addition, the tier systems for each company had to be revenue neutral, that is, companies could not take in more dollars, or be forced to take in less dollars, under the new system.

Because the tier systems vary and because risk characteristics that might place a driver in a particular tier with one company may not be viewed in the same way by another, it is now more important that ever for consumers to compare a number of companies to ensure that they find the coverage and rating plan best suited to their individual circumstances. Quite often, drivers who experience a rate increase with one company pay significantly less with another.
 

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