Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Detailed Answer
Under New Jersey law, every motorist must carry liability insurance. If you need to identify which insurer covered the at-fault driver when the crash occurred, follow these steps:
1. Obtain the Police Crash Report
When law enforcement responds to an accident, they prepare a crash report that often lists insurance details for all involved drivers. Request a copy through the New Jersey Motor Vehicle Commission (MVC) at MVC Crash Report Requests.
2. Review the At-Fault Driver’s Insurance Card
If you exchanged information at the scene, the at-fault driver’s insurance card should display their carrier name, policy number, and effective dates. Compare the policy date to the accident date to confirm coverage.
3. Request Records from the New Jersey MVC
Under N.J.S.A. 39:6A-1, every vehicle operator must maintain minimum liability coverage. You can petition the MVC for insurance record verification. Submit Form VFINF, available at MVC Insurance Information Request. The MVC will confirm the insurer and policy period.
4. Use Formal Discovery in Litigation
If you file a lawsuit against the at-fault driver, New Jersey Court Rules allow “interrogatories” and document requests. Serve discovery asking the driver to produce a copy of the insurance declaration page covering the date of loss. Courts enforce compliance through subpoenas.
5. Contact the New Jersey Department of Banking and Insurance
The Department of Banking and Insurance maintains databases of licensed insurers. If you suspect fraud or gaps in coverage, file a complaint at NJ DOBI Consumer Complaints to trigger an investigation of the at-fault driver’s insurer.
Key Statutes
- N.J.S.A. 39:6A-1 – Liability insurance requirement
Helpful Hints
- Order the crash report promptly; some agencies charge a fee and have processing times.
- Keep copies of all insurance cards and correspondence.
- If the at-fault driver fails to provide information voluntarily, use discovery tools in court.
- Consult an attorney early to preserve deadlines for filing a lawsuit or requesting MVC records.
- Document every communication and request in writing for proof of your efforts.