Driving Without Insurance in NJ

Driving without insurance in NJ is one of the most serious motor vehicle offenses. It carries extremely harsh penalties. This law requires every operator or of a vehicle registered or principally garaged in the state to take motor vehicle liability insurance policy coverage.

N.J.S.A. 39:6B-2 provides that any owner or registrant of a motor vehicle required to carry insurance under 39:6B-1 who operates or causes to be operated a motor vehicle upon any public street or highway at the State without such insurance is in violation of this statute. Additionally, it provides that any driver who operates a motor vehicle who knows or should know from the circumstances it is uninsured is in violation. Failure to produce valid insurance at the time of trial gives rise to a rebuttable presumption that the individual was uninsured at the time he or she was charged with the breach.

Driving with no insurance in NJ

A first-time violation of NJSA 39:6B-2 (driving without insurance in NJ) includes a fine of at least $300 and up to $1,000.00 community service, DMV surcharges of $250 for 3 decades, and a compulsory license suspension of one year. In addition, there are court fees and costs which need to be compensated in addition to the penalties listed above.

The permit is not automatically returned after that date and the violator must make an application to the Director of the Division of Motor Vehicles for reinstatement.

Driving without insurance in nj

The Attorneys of Wolf Law utilizes many defenses to try to prevent its customers from being convicted under this statute. In the past we've defended persons with the following arguments:

• The car wasn't enrolled in New Jersey or wasn't principally garaged in the Condition. The car was really registered in another state.

• The driver did not know the car was uninsured and had no reason to understand it.

• The driver was not the owner of the car and was actually covered under another insurance coverage for liability coverage

• There was a mix-up in the policy on the car leading to the lapse of policy and the owner promptly fixed the issue and obtained insurance once he or she became conscious of it (This is most likely not a legal defense, but, on courts and prosecutors are often sympathetic to some real mistake). Additionally, even if the Prosecutor won't discount the case completely, they can often be convinced to make a recommendation to the Judge that the individual's license not be frozen because they now have insurance in a great position.

We also can often successfully argue that the insurance company didn't adhere to the requirements set forth in the New Jersey Administrative Code, N.J.A.C. 11:3-8.1 et seq. for canceling or not renewing an insurance plan.

• Cancellation of Insurance

Insurance firms must abide by strict statutory requirements in order to successfully cancel an insurance plan. Pursuant to N.J.S.A. 17:29C-7, a cancellation of a policy of insurance may be successful only for only one of the following specifically enumerated reasons: (1) nonpayment; (2) suspension/revocation; or (3) fraud. Therefore, if an insurance policy has been canceled for any other reason, the cancellation is not valid.

Furthermore, N.J.S.A. 17:29C-8 sets forth strict time requirements that insurance companies must abide by if notifying the insured of a cancellation of insurance. In the event the policy has been canceled for suspension/revocation or fraud, then the insurer must notify the insured of the cancellation at least 20 days prior to the effective date of cancellation. The note must be accompanied by a statement of the reason given for the cancellation.

Proof of mailing of this notice of cancellation to the named insured at the address shown in the coverage is sufficient proof of notice. Proof of mailing, however, isn't conclusive on the issue. The insured may still provide evidence he never got the notice for the purpose of refuting the hypothesis of mailing.

• Nonrenewal of Insurance

Insurers can decrease to renew coverage when the insured no longer fulfill any of the organization's acceptance criteria with driving without insurance in NJ. This can occur when a driver's document includes an"at-fault injury" or automobile violations. Pursuant to N.J.S.A. 17:29C-9, a composed non-renewal notice must be sent at least 60 calendar days prior to the expiration date of the present policy.

As with cancellation of insurance, proof of mailing of the notice of cancellation to the named insured at the address shown at the policy is adequate -- although not conclusive -- to set proof of notice.

Obviously, just as a defense has been employed previously, is no guarantee that it will be prosperous in any future case. Please contact our office for a free consultation to find out whether we can help you maintain your license and keep you out of jail when facing a no insurance charge.