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NJPAIP State Auto Insurance Plan Quick Quote Request

If you are having trouble with your car insurance company then might want to request help from NJPAIP Producers and explore non standard or assigned risk coverage until your record improves.

Get quick expert NJPAIP Car Insurance rate quotes and advice on managing your costs.

To be sure to get an accurate NJPAIP or alternative quote be sure to enter all of the information that is required which will be marked with a *

Submit for 1 Vehicle Quote with NJPAIP State Auto Insurance Plan.

NJPAIP Auto Insurance Help Request Form
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Our NJPAIP state certified producers will be glad to discuss ways to hopefully find some affordable coverage for you and or your entire family. You do not have to search all day and end up frustrated because help is readily available.  The rates will be verified and accurate.

 

Visit the NJ Department of Insurance to learn all about NJPAIP and get verifiable facts about your NJ Car Insurance.

Why buy insurance?
What is auto insurance and how does it work?
Auto insurance protects you against financial loss if you have an accident. It’s a contract where you pay a rate — commonly
referred to as the ‘premium’ — and the insurance company covers losses listed in your policy.

Do I have to have auto insurance?
In every state but New Hampshire and Wisconsin, if you own or drive a vehicle, you must have Liability insurance coverage. If
you lease a car or have a car loan, you’ll probably need Comprehensive and Collision coverage as required by your loan agreement.
Your independent agent can tell you exactly what your state requires.

Besides legal or loan requirements, why should I buy auto insurance?
The average new car costs close to $30,000, while some cost over $50,000. The relatively small insurance premium you pay
covers you for much higher losses; without insurance you’re liable for every penny. Plus, insurance companies are a big help in
getting your damaged vehicle repaired.

What could affect my rate?
Some examples of what can impact your rate are: your driving and violation history; your age, gender and marital status; the age
and type of your car; where you live; how much coverage you buy; and your credit and prior insurance history.

If I have an accident, will my rate go up? Will I lose my NJ Car Insurance?
That depends on the insurer and who is at fault. Some insurers won’t renew drivers with accidents and tickets. Some of our companies will
not nonrenew your policy or refuse to take you as a new customer just because of an accident or past violations.

How can I lower my NJ Car insurance rate?

Here are some simple ways:
› Clean driving: Avoid accidents and traffic violations.
› Increase your deductibles: The higher the deductible, the lower the premium.
› Check your discounts: Make sure you’re getting everything you qualify for.
› Pay your bills on time: Good credit history may help keep your insurance rate low.
› Buy only the coverage you need.

Penalties for Driving On Suspended License in NJ

If you are ticketed while Driving Suspended in New Jersey it will cost you.

The violation of Driving While Suspended is set forth at NJSA 39:3-40. This section states, “no person to whom a drivers license has been refused or whose driver’s license or reciprocity privilege has been suspended or revoked or who has been prohibited from obtaining a driver’s license, shall personally operate a motor vehicle during the period of refusal suspension, revocation or prohibition.” The statute also prohibits the operation of a motor vehicle whose registration has been revoked. This type of violation may require you to be insured with the NJPAIP state auto plan.

NJPAIP Quotes for those with driving while suspended in New Jersey.

PENALTIES

Conviction under this statute brings the following penalties. Upon conviction of the first offense of fine of $500.00. The defendant will also be surcharged a mandatory $250.00 per year for 3 years in every DWS by the MVC. Upon conviction for the second offense a fine of $750.00 and imprisonment in the county jail for not more than 5 days. Upon conviction for the third offense a fine of $1000.00 and imprisonment in the county jail for 10 days. Additionally, the statute states, upon the conviction the court shall impose or extend a period of suspension not to exceed 6 months. Also, upon conviction the court shall impose a period of imprisonment for not less than 45 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in personal injury to another person.

If an individual violates this section while under suspension issued pursuant to 39:4-50, driving while under the influence of liquor or drugs and is convicted, they shall be fined $500.00 extra? and have their license suspended for an additional period not less than one year nor more than two years and may be in the county jail for not more than 90 days. The defendant will also be surcharged a mandatory $250.00 per year for 3 years.

This type of moving violation may force you to have NJPAIP Car Insurance until your driving while suspended conviction come off of your driving history.

Although most municipal court matters are considered minor by many citizens it is obvious from the possible penalties involved that this is a serious offense carrying the possibility of both stiff fines and incarceration.

There are two types of NJ license suspension :

1. Court imposed suspension
2. Administrative / Division of Motor Vehicles suspension
The most common scenario reflects where that the driver, through a motor vehicle violation, failure to pay surcharge or a accumulated points has been placed on a suspended list maintained by the New Jersey Division of Motor Vehicles (Division of Motor Vehicles), thereby making them ineligible to operate a motor vehicle for a prescribed period of time in this state.

If the driver is aware that they are on the suspended list and acknowledged they were suspended to the police officer there is little room for defense However, more often than not the driver claims that they were unaware of their placement on the suspension list.

The scenario that will often be presented by the driver is that he/she was stopped by police for an unrelated motor vehicle violation. In the process of the police encounter they were informed by the officer that their license has been suspended and they were issued an additional summons for Driving While Suspended. Over the past decade several New Jersey cases have crafted the current position on the driving while suspended issue that often confronts many municipal courts throughout the state.

THE STATE (NJ) MUST SHOW DUE PROCESS AND ADEQUATE NOTICE

The first and foremost is that of adequate notice of the suspension. In Parsekian v. Cresse, 75 NJ Super. 405 (App Div. 1962), the court ruled that it was incumbent upon the Director of the State Division of Motor Vehicles to provide fair and adequate notice to the licensed driver of the proposed suspension of their license. The court recognized that the Director could not arbitrarily suspend the license of a driver without providing both notice and enunciating specific reasons as to why the license was being suspended.

A later case, State v. Wenof, 102 NJ Super. (Law Div. 1968), both reinforced and advanced the earlier Parsekian decision. Wenof represents the substantive foundation upon which all subsequent cases involving the notice issue have been based. In Wenof, the court again recognized the importance of adequate notice of suspension. The court related, “there is always a risk that notice may not reach the intended person, but this is not the test for legal sufficiency. The test is rather, whether the notice was reasonably calculated to reach the intended parties.” Id at 375. In Wenof, the Division of Motor Vehicles sent to a written notice of proposed suspension (for failure to satisfy a summons) by regular mail. The Division of Motor Vehicles thereafter sent an order of suspension by ordinary mail. The notices were mailed to the defendant’s last address. By failing to leave a forwarding address informing the Division of Motor Vehicles where he could be reached by mail, the court stated “he should not be heard to complain of lack of due process He had it.” The court found the defendant guilty.

In State v. Hammond 116 NJ Super. 244 (Cty. Ct. 1971) a notice of scheduled suspension and order of suspension for failure to appear for motor vehicle violations was mailed to defendant, but was returned undelivered to Division of Motor Vehicles by postal authorities. The defendant was charged with misstatement of fact in an application for registration of a motor vehicle (39:3-37) and application for a registration certificate during suspension (39:3-34). The defendant thereafter applied for and obtained a New Jersey registration certificate for vehicle.

While in State v. Wenof supra the defendant was found guilty that case was distinguished in Hammond. In Hammond there was insufficient evidence of any notice to Hammond of a possible revocation of his registration certificate. Therefore, there is no adequate proof to indicate that due process was satisfied in this case. Hammond, 116 NJ Super. at 248.

NOTICE BY IN-COURT SUSPENSION

If the driver is on the suspension list because he was suspended in a Courtroom for a prior violation, grounds to defend are very limited. The most common violations which carry mandatory suspensions on first offense by the Municipal Courts are for driving while intoxicated (first offense 6-12 months), driving while suspended (up to 6 months), driving without insurance (1 year), possession of Marijuana or paraphernalia (6 months-2 years). A Municipal Court also has the power to suspend a driver’s license for driving while suspended, reckless driving, excessive speeding, leaving the scene of an accident or even where the judge finds a person guilty of such a willful violation of the subtitle as shall in the court’s discretion, justify such revocation (39:5-31).

If the driver’s license was suspended by a court, the state in a subsequent Driving While Suspended needs to introduce into evidence only a certified abstract from the Division of Motor Vehicles. It is not necessary for the state to demonstrate that notice was received by the defendant. The defense may still challenge the suspension by introducing evidence that the prior in-court suspension was improper. Examples include defendant not notified to be in court and the court then acting without the defendant being present. Possibly, the prior suspension could be attached in the original court as being illegal and/or unconstitutional. This is permitted under State v. Laurick. 120 NJ 1 (1990)

Where the driver was suspended by the Division of Motor Vehicles, the state must introduce
Notice of scheduled suspension.
Proof of mailing notice.
Order of suspension.
Proof of mailing order.
Certified motor vehicle abstract.

A certified abstract alone is not sufficient to convict if the defendant was suspended only by the Division of Motor Vehicles.

If the order of suspension was mailed on December 1, 2016 and the Driving While Suspended offense took place December 2, 2015, a good defense is that the Order did not reach his house until after the ticket for Driving While Suspended.

Many suspensions today are because people forgot to pay an insurance surcharge. Every insurance surcharge bill serves as a notice of suspension. Indigency is not a defense for failure to pay a surcharge.

DEFENSES

A valid suspension of a driver’s license cannot be effectuated in the absence of a written notice to the license at his last known address, reciting the fact that the suspension will take place and the date of commencement of the suspension. State v. Kindler 191 NJ Super. 358,360 (Law Div 1983). Failure to appear for a summons is not a substitute for the written notice required by the statute, Id at 361. The court also noted that it’s research does not statutory revealing authority for the Municipal Judge to suspend driving privileges. Id at 362

Motorists suspended for any reason remains suspended until they pay a $50.00 Division of Motor Vehicles restoration fee. According to the harsh decision in State v. Zalta 217 NJ Super. 142 (Law Div. 1987) even if a prior court imposed suspension is over 6 months on DWI, the suspension continues until actual restoration of the license.

Plea bargaining is permitted in Driving While Suspended matters. Many court adhere to the language of State v. Somma 215 NJ Super. 142 (Law Div 1986) where the court determined that the failure to pay the $50.00 fee for restoration of the suspended driver’s license does not extend the period of suspension. Many times individuals are told by a court their license is suspended for a certain number of months, but they are usually not told they must pay a restoration fee to actually get their license back. Individuals who pay a surcharge late will have their licenses suspended initially for the failure to pay. Even after the surcharge is paid they remain suspended until the $30.00 restoration fee is paid. Often, “plea” bargaining” or ” alternative dispositions” can be worked out to avoid the harsh consequences of Driving While Suspended and the equitable rationale of State v. Somma is followed.

Few courts inform a driver charged with Driving While Suspended that the penalty is anything more than a $500.00 fine plus up to six months loss of license. Most courts do not warn a defendant if he pleads guilty he will have to pay Division of Motor Vehicles insurance surcharges or face other new penalties.

Few drivers are aware of the new provisions of NJAC 11:3-34, operative date April 1, 1991, which allows insurance companies to charge additional surcharge to drivers. These new insurance company surcharges are in a addition to Division of Motor Vehicles surcharges and fines. Several non MTF insurance companies have already received approval to charge between $37.00 and $218.00 for each point a driver accumulates. For Driving While Suspended pursuant to 2C NJR. 576 a driver is given 9 Automobile Eligibility Points.

PARKING ADJUDICATION ACT OFFENDER

“Scofflaws” who took their parking tickets and threw them away or forgot to pay tickets will now have these licenses eventually suspended under the Parking Offense Adjudication Act. (NJSA 39:4-139.2). If a person fails to appear or pay for a ticket, the court may give notice to the vehicle owner that the failure to appear or pay will result in suspension of driver’s license. Pursuant to NJSA 39:4-139.10(b) the judge or the Division of Motor Vehicles may now suspend the driver’s license of on owner license or operator who has not answered or appeared in response to a failure to appear notice or has not paid or otherwise satisfied outstanding parking from penalties.

CONTESTING PROPOSED ADMINISTRATIVE SUSPENSIONS

The MVC, prior to suspending a license, or taking specific action against a driver must mail a notice to the driver informing them of the proposed suspension or other action. The proposed action to be taken against any licensee by the DMV becomes effective on the date set forth on the notice except when otherwise specified, unless the licenses or his/her attorney shall make a request, in writing, for a hearing within 25 days from the date of notice. New Jersey Administrative Code (NJAC)13:19-1.2.

NJAC 13:19-1.2 requires the request for a hearing to set forth all disputed facts, legal issues and arguments. Under NJAC 13:19-1.2, the DMV may either deny the request for a hearing, require a pre hearing conference with a DMV employee, or transmit of the matter to the Office of Administrative Law for a hearing pursuant to NJAC 1:1.

The DMV employee who conducts the prehearing is referred to as a driver improvement specialist. Often a resolution of the proposed administrative action is reached between the DMV and the licensee (ie- reduce suspension period -ex 180 days to 100 days).

If the license except the resolution of the proposed administrative action, the license is to have abandoned any further opportunity to be heard

NJAC 13:19-1.8(c).

If the parties cannot reach a resolution, the matter should be submitted to the office of Administrative Law for a hearing NJAC 13:19-1.8(d)

ENHANCED PENALTIES

As set forth previously, the Driving While Suspended calls for mandatory enhanced penalties on conviction second and third offense. What counts as an offense? Both the Division of Motor Vehicles and a court can suspend a driver for driving while suspended.

In State vs. Conte, 245 NJ Super. 629 (Law Div. 1990) the court examined a case where a defendant driver had two prior administrative suspensions by the DMV pursuant to NJSA 39:5-30 and NJAC 13:19-10.8. The driver had no prior court imposed convictions.

NJSA 39:3-40 provides for penalties upon conviction. In a well reasoned opinion by Judge Robert Longhi, on trial de novo, the court stated:

The word conviction is not defined in the statute. Black’s Law Dictionary defines conviction as “the final judgment in a verdict or finding of guilty…” Black’s Law Dictionary (6 ed. 1990) at 333. NJSA 2C:44-4(a) defines “prior conviction of an offense” as “an adjudication by a court of competent jurisdiction that the defendant committed an offense constitutes a prior conviction,” Emphasis supplied. Conviction has also been defined as ” the confession of the accused in open court or the verdict returned by the jury which ascertains and publishes the fact of guilt.” Tucker vs. Tucker, 101 NJ Eq. 72, 73, 137 A. 40 (Ch. 1927).

The motor vehicle statute, NJSA 39:3-40, is quasi-criminal and penal in nature and must be strictly construed against the State. State vs. Churchdale-Leasing Inc., 115 NJ 83, 102, 557 A. 2d 277 (1989). The word conviction, as it is used in NJSA 39:3-40, refers only to a plea or a finding of guilty in a court of competent jurisdiction and not an order of suspension entered by the DMV as the result of an administrative proceeding. The two prior suspensions are not convictions and defendant must be viewed as a first offender under the statute.

State vs. Conte, 245 NJ Super. at 631

The sentence imposed was reversed and the matter remanded for sentencing as a first offender.

CONCLUSION

A person is not automatically guilty of driving while suspended simply because the Division of Motor Vehicles claims they are suspended. The defense of a person charged with driving while suspended is not impossible. There are a number of viable defense and arguments which can be pursued to achieve a successful result. Speak with an attorney experienced in Municipal Court practice.

Updated statute in 2002:

NJSA 39:3-40 Penalties for driving while license suspended, etc.

39:3-40. No person to whom a driver’s license has been refused or whose driver’s license or reciprocity privilege has
been suspended or revoked, or who has been prohibited from obtaining a driver’s license, shall personally operate a motor
vehicle during the period of refusal, suspension, revocation, or prohibition.

No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor
vehicle during the period of such revocation.

Except as provided in subsection i. of this section, a person violating this section shall be subject to the following
penalties:

a. Upon conviction for a first offense, a fine of $500.00 and, if that offense involves the operation of a motor
vehicle during a period when the violator’s driver’s license is suspended for a violation of R.S.39:4-50 or section 2 of
P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator’s motor vehicle registration privilege in accordance with the
provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1
through C.39:3-40.5);

b. Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail for not more than five
days and, if the second offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is
suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator’s
motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1
through C.39:3-40.5);

c. Upon conviction for a third offense or subsequent offense, a fine of $1,000.00, imprisonment in the county jail
for 10 days and, if the third offense involves the operation of a motor vehicle during a period when the violator’s driver’s
license is suspended and that third offense occurs within five years of a conviction for the same offense, revocation of the
violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286
(C.39:3-40.1 through C.39:3-40.5);

d.Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;

e.Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180
days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to
another person;

f. (1) Notwithstanding subsections a. through e., any person violating this section while under suspension issued
pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00, shall have his license to
operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be
imprisoned in the county jail for not more than 90 days.

(2)Notwithstanding the provisions of subsections a. through e. of this section and paragraph (1) of this
subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512
(C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, shall have his license to operate a motor vehicle
suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county
jail for not less than 10 days or more than 90 days.

(3)Notwithstanding the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this
subsection, a person shall have his license to operate a motor vehicle suspended for an additional period of not less than one
year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that
person, shall be fined $500 and shall be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period
of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense, for operating a motor
vehicle while in violation of paragraph (2) of this subsection while:

(a)on any school property used for school purposes which is owned by or leased to any elementary or
secondary school or school board, or within 1,000 feet of such school property;

(b)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has
designated the school crossing as such; or

(c)driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the
municipality has not designated the school crossing as such by ordinance or resolution.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property
used for school purposes which is owned by or leased to any elementary or secondary school or school board produced
pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.

It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of this paragraph that the
defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while
driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the
school property or crossing zone at the time of the offense or that the school was not in session;

g.In addition to the other applicable penalties provided under thissection, a person violating this section whose
license has been suspended pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted thereunder,
shall be fined $3,000. The court shall waive the fine upon proof that the person has paid the total surcharge imposed
pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted thereunder. Notwithstanding the
provisions of R.S.39:5-41, the fine imposed pursuant to this subsection shall be collected by the Division of Motor Vehicles
pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), and distributed as provided in that section, and the court shall file a
copy of the judgment of conviction with the director and with the Clerk of the Superior Court who shall enter the following
information upon the record of docketed judgments: the name of the person as judgment debtor; the Division of Motor
Vehicles as judgment creditor; the amount of the fine; and the date of the order. These entries shall have the same force and
effect as any civil judgment docketed in the Superior Court;

h.A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a
violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to
sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person:

(1)Knows that the operator’s license to operate a motor vehicle has been suspended for a violation of
R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or

(2)Knows that the operator’s license to operate a motor vehicle is suspended and that the operator has been
convicted, within the past five years, of operating a vehicle while the person’s license was suspended or revoked;

i.If the violator’s driver’s license to operate a motor vehicle has been suspended pursuant to section 9 of
P.L.1985, c.14 (C.39:4-139.10), the violator shall be subject to a maximum fine of $100 upon proof that the violator has
satisfied the parking ticket or tickets that were the subject of the Order of Suspension.

Amended 1941, c.344; 1945, c.222, s.2; 1947, c.25; 1964, c.9; 1968, c.323, s.10; 1981, c.38, s.1; 1982, c.45, s.2; 1983,
c.90, s.1; 1986, c.38; 1992, c.203; 1994, c.64, s.2; 1995, c.286, s.1; 1999, c.185, s.3; 1999, c.423, s.3; 2001, c.213, s.1.

39:3-40.1. Revocation of registration certificate, plates 2. a. Any motor vehicle registration certificate and registration
plates shall be revoked if a person is convicted of violating the provisions of:

(1)subsection a. of R.S.39:3-40 for operating a motor vehicle during a period when that violator’s driver’s license
has been suspended for a violation of R.S.39:4-50;

(2)subsection b. or c. of R.S.39:3-40 for operating a motor vehicle during a period when that violator’s driver’s
license has been suspended within a five-year period; or

(3)R.S.39:4-50 for a second or subsequent offense, if such revocation is ordered by the court as authorized under
that section.

This revocation of registration certificate and registration plates shall apply to all passenger automobiles and
motorcycles owned or leased by the violator and registered under the provisions of R.S.39:3-4 and all noncommercial trucks
owned or leased by the violator and registered under the provisions of section 2 of P.L.1968, c.439 (C.39:3-8.1), including
those passenger automobiles, motorcycles and noncommercial trucks registered or leased jointly in the name of the violator
and the other owner of record.

b.At the time of conviction, the court shall notify each violator that the person’s passenger automobile,
motorcycle, and noncommercial truck registrations are revoked. Notwithstanding the provisions of R.S.39:5-35, the violator
shall surrender the registration certificate and registration plates of all passenger automobiles, motorcycles, and
noncommercial truck registrations subject to revocation under the provisions of this section within 48 hours of the court’s
notice. The surrender shall be at a place and in a manner prescribed by the Director of the Division of Motor Vehicles
pursuant to rule and regulation. The court also shall notify the violator that a failure to surrender that vehicle registration
certificate and registration plates shall result in the impoundment of the vehicle in accordance with the provisions of section 4
of P.L.1995, c.286 (C.39:3-40.3) and the seizure of said registration certificate and registration plates. The revocation
authorized under the provisions of this subsection shall remain in effect for the period during which the violator’s license to
operate a motor vehicle is suspended and shall be enforced so as to prohibit the violator from registering or leasing any other
vehicle, however acquired, during that period.

c.If the violator subject to the penalties set forth in subsections a. and b. of this section for conviction of
violating the provisions of R.S.39:3-40 was operating a motor vehicle owned or leased by another person and that other
owner or lessee permitted that operation with knowledge that the violator’s driver’s license was suspended, the court shall
suspend the person’s license to operate a motor vehicle and revoke the registration certificate and registration plates for that
vehicle for a period of not more than six months. Notwithstanding the provisions of R.S.39:3-35, the owner or lessee shall
surrender the registration certificate and registration plates of that vehicle within 48 hours of the court’s notice of revocation.
The surrender shall be at a place and in a manner prescribed by the Director of the Division of Motor Vehicles pursuant to
rule and regulation. The court also shall notify the owner or lessee that a failure to surrender the revoked registration
certificate and registration plates shall result in the impoundment of the vehicle in accordance with the provisions of section 4
of P.L.1995, c.286 (C.39:3-40.3) and the seizure of said registration certificate and registration plates. Nothing in this
subsection shall be construed to limit the court from finding that owner or lessee guilty of violating R.S.39:3-39 or any other
such statute concerning the operation of a motor vehicle by an unlicensed driver.

L.1995,c.286,s.2; amended 2000, c.83, s.2.

NJS.A. 39:3-40 Driving While Suspended

Offense 39:3-40 driving while license suspended- general provision
1st Offense
– $500 fine, and
– driver’s license suspension not to exceed 6 months
-9 car insurance eligibility points for each violation
$750 DMV surcharges

2nd Offense
– $750 fine, and
– driver’s license suspension not to exceed 6 months, and
– imprisonment 1- 5 days,
-9 car insurance eligibility points for each violation
$750 DMV surcharges and
– if 2nd offense occurs within 5 years of a conviction for NJS.A. 39:3-40, then revocation of registration certificate for the period
driver’s license is suspended (see NJS.A. 39:3-40.1)

3rd or Subsequent Offense – $1000 fine, and
– driver’s license suspension not to exceed 6 months, and
– imprisonment for 10 days, -9 car insurance eligibility points for each violation
$750 DMV surcharges and
– if 3rd offense occurs within 5 years of a conviction of NJS.A. 39:3-40, then revocation of registration certificate for the period driver’s
license is suspended (see NJS.A. 39:3-40.1)

Note: For all offenses under this statute that involve an accident resulting in personal injury to another, the court is required to impose a period of imprisonment for not less than 45 days, or more than 180 days. NJS.A. 39:3-40(e). If the accident results in the death of another person, then the defendant shall be guilty of a crime of the third degree and the defendant’s driver’s license shall be suspended for an additional period of one year. If the accident results in serious bodily injury to another person, then the defendant
shall be guilty of a crime of the fourth degree and the defendant’s driver’s license shall be suspended for an additional period of one year.

Offense 39:3-40 (f) (1) –no insurance suspensions —
driving while license suspended due to conviction for NJS.A. 39:6B-2 (driving without insurance)
1st Offense
– $1000 fine, and
– driver’s license suspension not less than 12 months, nor more than 30 months, and
– may impose incarceration not to exceed 90 days
$750 DMV surcharges
-9 car insurance eligibility points for each violation

2nd Offense
– $1250 fine, and
– driver’s license suspension of not less than 12 months nor more than 30 months, and
– may impose period of incarceration of not more than 90 days,
$750 DMV surcharges
-9 car insurance eligibility points for each violation
and
– if 2nd offense occurs within 5 years of a conviction for 39:3-40, then revocation of registration certificate for period driver’s license is suspended (see NJS.A. 39:3-40.1)

3rd or Subsequent Offense
– $1500 fine, and
– driver’s license suspension of not less than 12 months nor more than 30 months, and
– incarceration of not less than 10 days, nor more than 90 days,
$750 DMV surcharges
-9 car insurance eligibility points for each violation
and
– if 3rd offense occurs within 5 years of a conviction of NJS.A. 39:3-40, then revocation of registration certificate for the period driver’s
license is suspended (see NJS.A. 39:3-40.1)

Offense 39:3-40 (f) (2) –DWI suspensions —
driving while license suspended due to conviction for:
– 39:4-50 (driving while intoxicated), or
– 39:4-50.4a (refusal to submit to chemical test), or
– 39:5-30a to -30e (habitual offender)
1st Offense
– $1000 fine, and
-driver’s license suspension of not less than 12 months, nor more than 30 months, and
-incarceration of not less than 10 days, nor more than 90 days, and
-revocation of registration certificate for the period driver’s license is suspended (see NJS.A. 39:3-40.1)
$750 DMV surcharges
-9 car insurance eligibility points for each violation

2nd Offense
-$1250 fine, and
– driver’s license suspension for not less than 12 months, nor more than 30 months, and
– incarceration of not less than 10 days, nor more than 90 days, and
– revocation of registration certificate for the period driver’s license is suspended (see NJS.A. 39:3-40.1)
$750 DMV surcharges
-9 car insurance eligibility points for each violation

3rd or Subsequent Offense
– $1500 fine, and
– driver’s license suspension for not less than 12 months, nor more than 30 months, and
– incarceration of not less than 10 days, nor more than 90 days, and
– revocation of registration certificate for the period driver’s license is suspended (see NJS.A. 39:3-40.1)
$750 DMV surcharges
-9 car insurance eligibility points for each violation

Note: The fines and penalties set forth in NJS.A. 39:3-40(f)(1)-(3) are imposed “notwithstanding” the general penalty provisions listed above. This chart is based on the assumption that the fines and penalties set forth in NJS.A. 39:3-40(f)(1)-(3) are in addition to those found in NJS.A. 39:3-40(a)-(e). This reading of the statute is suggested by State v. Wrotny, 221 NJ Super. 226, 228-30 (App. Div. 1987), though Wrotny does not explicitly hold as much. For a contrary reading of NJS.A. 39:3-40(f)(1)-(30), see State v. Walsh, 236 NJ Super. 151, 155 (Law Div. 1989), and State v. Rought, 221 NJ Super. 42, 47 (Law Div. 1987), which both held that the fines and penalties of NJS.A. 39:3-40(f)(1)-(3) are a substitute for those provided by NJS.A. 39:3-40(a)-(e). Before imposing sentence for a conviction under NJS.A. 39:3-40(f)(1)-(3), please consult these cases and any other relevant cases decided after the date of this chart.

Offense 39:3-40 (f) (3) –School Zone suspensions —
driving while license suspended due to conviction for NJS.A. 39:4-50 or 39:4-50.4a, while driving in a school zone, or driving through a school crossing
1st Offense
– $1000 fine, and
– driver’s license suspension for not less than 12 months, nor more than 30 months, and
– incarceration of not less than 60 days nor more than 90 days
$750 DMV surcharges
-9 car insurance eligibility points for each violation

2nd Offense
– $1250 fine, and
– driver’s license suspension for not less than 12 months, nor more than 30 months, and
– incarceration of not less than 120 days nor more than 150 days
– if 2nd offense occurs within 5 years of a conviction for NJS.A. 39:3-40, then revocation of registration certificate for the period
driver’s license is suspended (see NJS.A. 39:3-40.1)
$750 DMV surcharges
-9 car insurance eligibility points for each violation

3rd or Subsequent Offense
– $1500 fine, and
– driver’s license suspension for not less than 12 months, nor more than 24 months, plus may impose additional suspension not to
exceed 6 months
– incarceration for 180 days, and
– if 3rd offense occurs within 5 years of a conviction of NJS.A. 39:3-40, then revocation of violator’s registration certificate for the
period driver’s license is suspended (see NJS.A. 39:3-40.1)
Note: The fines and penalties set forth in NJS.A. 39:3-40(f)(1)-(3) are imposed “notwithstanding” the general penalty provisions listed above. This chart is based on the assumption that the fines and penalties set forth in NJS.A. 39:3-40(f)(1)-(3) are in addition to those found in NJS.A. 39:3-40(a)-(e). This reading of the statute is suggested by State v. Wrotny, 221 NJ Super. 226, 228-30 (App. Div. 1987), though Wrotny does not explicitly hold as much. For a contrary reading of NJS.A. 39:3-40(f)(1)-(3), see State v. Walsh, 236 NJ Super. 151, 155 (Law Div. 1989), and State v. Rought, 221 NJ Super. 42, 47 (Law Div. 1987), which both held that the fines and penalties of NJS.A. 39:3-40(f)(1)-(3) are a substitute for those provided by NJS.A. 39:3-40(a)-(e). Before imposing sentence for a conviction under NJS.A. 39:3-40(f)(1)-(3), please consult these cases and any other relevant cases decided after the date of this chart.

Offense 39:3-40 (g) –Surcharge Suspensions —
driving while license suspended for failure to pay surcharges under NJS.A. 17:29A-35
1st Offense
– $500 fine, and
– driver’s license suspension not to exceed 6 months, and
– $3000 fine to be collected by DMV. Fine to be waived upon payment of total surcharge imposed
-9 car insurance eligibility points for each violation

2nd Offense
– $750 fine, and
– driver’s license suspension not to exceed 6 months, and
– imprisonment not more than 5 days, and
– $3000 fine to be collected by DMV. Fine to be waived upon payment of total surcharge imposed,
$750 DMV surcharges
-9 car insurance eligibility points for each violation and

– if 2nd offense occurs within 5 years of a conviction for NJS.A. 39:3-40, then revocation of registration certificate for the period
driver’s license is suspended (see NJS.A. 39:3-40.1)

3rd or Subsequent Offense
– $1000 fine, and
– driver’s license suspension not to exceed 6 months, and
– imprisonment for 10 days, and
– $3000 fine to be collected by DMV. Fine to be waived upon payment of total surcharge imposed
$750 DMV surcharges
-9 car insurance eligibility points for each violation

– if 3rd offense occurs within 5 years of a conviction of NJS.A. 39:3-40, then revocation of registration certificate for the period driver’s license is suspended (see NJS.A. 39:3-40.1)

Speak with an experienced attorney to determine possible rights, defenses and mitigating factors.

NJPAIP State Car Insurance and PIP Medical Options

Selecting Your NJ Health Insurer for NJ PIP Option on your NJPAIP car insurance policy.

You may be able to save considerable money and get much higher coverage limits on auto insurance by opting to have your health coverage provide benefits for injuries from an automobile accident. Please consider the factors below to see if this option is right for you.

Does your health coverage cover injuries from automobile accidents? Call them and ask them, they are required to tell you.

NJPAIP Car Insurance Quotes with Group Medical Coverage in New Jersey.

Health coverage may be issued by an insurance company, an HMO or a self-funded plan. Since self-funded plans and plans issued out of state may exclude coverage for injuries resulting from auto accidents, you should make sure that your health coverage will provide benefits for automobile accident injuries. If you are covered by any of the insurers or HMO listed here, you may be eligible for this cost-saving option. Other insurers and self-funded plans might also cover automobile accident injuries. Contact your employee benefits department to determine if your health coverage provides benefits for automobile accident injuries.

What limits and deductibles apply?

Your health carrier will provide benefits for injuries from auto accidents subject to the deductibles, coinsurance, copayments and benefit maximums (if any) of your health plan. If your health plan covers your spouse or family, these cost-sharing features will also apply to them. In short, your health carrier will provide benefits for injuries from auto accidents in the same manner that it covers injuries from other causes.

What about expenses not covered by my health care plan?

Your automobile insurer will pay for necessary expenses not covered by your health care plan, including the deductible, coinsurance, co payment and amounts above the benefit maximum of your health plan, and will also pay for passengers and others not covered by your health care plan. However, this payment will be reduced by the deductible, benefit maximums and other cost-sharing provisions of your PIP coverage.

What if I lose my health coverage?

If you are in an accident and your health coverage is no longer in effect, your auto insurer will pay PIP medical benefits. However, you will be required to pay an additional $750 deductible.

How do I choose the health coverage option?

This is done by selecting the “health insurer for PIP option” on the Coverage Selection Form provided when you apply for or renew your auto insurance. You will need to know the name and policy number of your health care plan to answer that question on the Coverage Selection Form.

About the NJ Auto Insurance No-Fault PIP Insurance Arbitration Program
The National Arbitration Forum administers arbitrations for No-Fault Insurance Personal Injury Protection (PIP) disputes under New Jersey’s Automobile Insurance Cost Reduction Act of 1998 (AICRA). AICRA requires that all automobile insurers provide any party with a dispute concerning personal injury protection benefits the option of submitting the dispute to binding arbitration. The National Arbitration Forum has been the appointed administrator for the New Jersey No-Fault Insurance PIP Arbitration Program since January 2004, when the New Jersey Department of Banking and Insurance awarded National Arbitration Forum the contract. Additional information about this program is available at the National Arbitration Forum’s Web site at http://www.arb-forum.com/nj/.

N.J.S.A. 39:6A-5

g. Personal injury protection coverage benefits pursuant to section 4 of P.L.1972, c.

70 (C.39:6A-4) and medical expense benefits pursuant to section 4 of P.L.1998, c.21

(C.39:6A-3.1) shall be overdue if not paid within 60 days after the insurer is furnished

written notice of the fact of a covered loss and of the amount of same. If such written

notice is not furnished to the insurer as to the entire claim, any partial amount supported

by written notice is overdue if not paid within 60 days after such written notice is

furnished to the insurer. Any part or all of the remainder of the claim that is subsequently

supported by written notice is overdue if not paid within 60 days after such written notice

is furnished to the insurer; provided, however, that any payment shall not be deemed

overdue where, within 60 days of receipt of notice of the claim, the insurer notifies the

claimant or his representative in writing of the denial of the claim or the need for

additional time, not to exceed 45 days, to investigate the claim, and states the reasons

therefor. The written notice stating the need for additional time to investigate the claim

shall set forth the number of the insurance policy against which the claim is made, the

claim number, the address of the office handling the claim and a telephone number,

which is toll free or can be called collect, or is within the claimant’s area code. Written

notice to the organization administering dispute resolution pursuant to sections 24 and 25

of P.L.1998, c.21 (C.39:6A-5.1, 39:6A-5.2) shall satisfy the notice request for additional

time to investigate a claim pursuant to this subsection. For the purpose of determining

interest charges in the event the injured party prevails in a subsequent proceeding where

an insurer has elected a 45-day extension pursuant to this subsection, payment shall be

considered overdue at the expiration of the 45-day period or, if the injured person was

required to provide additional information to the insurer, within 10 business days

following receipt by the insurer of all the information requested by it, whichever is later.

For the purpose of calculating the extent to which any benefits are overdue, payment

shall be treated as being made on the date a draft or other valid instrument which is

equivalent to payment was placed in the United States mail in a properly addressed,

postpaid envelope, or, if not so posted, on the date of delivery.

h. All overdue payments shall bear interest at the percentage of interest prescribed in the

Rules Governing the Courts of the State of New Jersey for judgments, awards and orders

for the payment of money.

i. All automobile insurers and the Unsatisfied Claim and Judgment Fund shall provide

any claimant with the option of submitting a dispute under this section to dispute

resolution pursuant to sections 24 and 25 of P.L.1998, c.21 (C.39:6A-5.1, 39:6A-5.2).

How are points or accidents charged on NJPAIP Car Insurance?

The NJ PAIP eligibility points you may have may be all moving violations or a combination of Insurance Points and NJ MVC Points.

They are added together for your total NJ PAIP eligibility points.

For example, an at fault accident is 5 NJ insurance points for 3 years. Add that with a DUI, refusal to take a breathalyzer test, driving suspended or driving without auto insurance in New Jersey, which are 9 insurance points for 3 years from the conviction date in court and you have 14 insurance points that will be added to your moving violations points to determine your total points for your NJPAIP quote.

 

NJPAIP Quotes for those with driving while suspended in New Jersey.

What do I do if my NJ insurer cancels or refuses to renew my policy?

Even “good” drivers can find themselves in the position of being dropped by their current carrier.

Reasons range from a couple of moving violations, or if someone in your household is a high risk and fails to maintain an inforce insurance policy, or you have multiple accidents, or other serious violations that make you a high risk to insurers.

Regardless of the reason you were dropped or cancelled by your insurer, you need to act immediately to get another policy. Under no circumstance should you drive your vehicle without knowing one hundred percent that you have current insurance. If you do find yourself in the NJ assigned risk residual market pool, the price may be higher but it may be your only alternative in maintaining your freedom to drive.

Most insurance companies rate a driver with no points for three years as a good or preferred risk. But there are a few things you can do to cut high risk auto insurance costs now! Consider driving an older car and dropping collision and comprehensive coverages. If you can accept the risk, carry lower amounts of other standard coverages.

NJPAIP Car Insurance Quotes

What are the typical payment options for NJPAIP State Car Insurance?

If I buy a NJPAIP Car Insurance policy, how do I pay the premiums and how are they calculated?

Thirty percent down and five installment payments over the first 9 months of the policy. The installments shall be due on the 45th, 90th, 150th, 210th, and 270th day from the policy effective date.

The first NJPAIP installment bill shall reflect the current annual premium minus the deposit and annual installment charge to arrive at the outstanding balance. Twenty percent of the balance should be identified as the installment amount. The due date for the first installment will be 45 days after the inception of the policy. The remaining installments will be billed according to the intervals stipulated above. An installment bill will be released to the applicant with a copy to the producer according to the above time intervals until the outstanding balance is eliminated. Each installment bill shall display the amount due.

Another option is to use a Premium FInance Company that would pay your policy for the entire year and you make equal monthly payments to the premium finance company. This options usually has a much lower downpayment.

 

NJPAIP Car Insurance Quotes

What is NJ high risk car insurance NJ PAIP Mean?

NJPAIP is Assigned or NJ High Risk Car Insurance mechanism for NJ drivers with points or accidents that make them “High Risk”.

MID TERM Non Pay Cancellations may also qualify as a “NJPAIP High Risk”.
Established October 1, 1992 pursuant to N.J.S.A. 17:29D-1 and implemented by N.J.A.C. 11:3-2.1, NJ PAIP is the residual market mechanism for New Jersey personal car insurance risks not eligible for coverage in the New Jersey voluntary car Insurance marketplace.

In short, it means that for the immediate future you are not a desirable customer for preferred car insurance companies that like to write policies for those who hardly ever have a claim or a ticket for moving violations.

NJPAIP policies will not rate a person for education, credit score or being a homeowner or not.

Get a free NJPAIP rate quote which will not be cancelled unless your do not pay or do not answer any underwriting requests from your assigned companies.

Learn about lowering coverage costs through the NJPAIP state plan

What steps can I take to reduce my NJ Car Insurance rates?

NJ Insurers often discount their policy rates in order to encourage better driving practices and the use of available safety and security precautions. Depending on the NJ insurance company, you can often lower your rates from 5 to 55 percent.  Sometimes the investment you make in your safe vehicle is worth the discount, and sometimes it’s simply worth peace of mind.

For example, the purchase of anti-lock brakes gives a discount from nearly every NJ insurer, but the discount probably will not pay for the brakes which cost several hundred dollars during the normal life of your car. Anti-lock brakes are touted as a valuable life saving valuable feature and deserves serious consideration when your or your families safety is a top concern.

NJPAIP Car Insurance Quotes

When you buy New Jersey car insurance be careful not to violate any vehicle lease or finance agreement that may specify in writing the insurance coverage’s that you must have such as 100/300,000/50,00 and $500 Deductible for comprehensive and collision coverages.

How does adding drivers to my NJ Insurance policy affect my rates?

The more people that drive your car on a regular basis, the greater the chances of your vehicle being in an accident and being damaged.
Teenagers (young drivers) are especially costly to insure because they are the least experienced drivers.

Do Drivers Education classes get a Good Student discount?

A good approved driver’s education course can help ease the burden of high NJ insurance costs since it teaches the teenager sound defensive driving techniques. If your teenagers high school does not offer drivers education, try to find one offered by another NJ school or a private firm in the area. After all, the cost could be much cheaper than the extra cost of your insurance. Many insurers offer “good student” driver discounts. Save the certificate of completion as you will want to submit it with your NJ insurance application.

An adult’s driving experience may also affect your rates significantly. Don’t assume that each and every adult you know has been driving since age 16 or 17 or is a highly competent driver with a clean NJ driving history or NJ insurance record. Again, taking a state approved defensive driving course is a good way for all adults to prove they are also responsible drivers, thus lowering their insurance risk and their New Jersey PAIP insurance premium rates.