I noted in last year's Automobile Injury Supplement (A Look at No Fault in 2021) that the 219th legislative session which ended on Jan. 10, 2022 was extremely productive for insurance consumers (policyholders) and the victims of automobile accidents. The new legislation included the New Jersey Insurance Fair Conduct Act and bills dealing with the Wrongful Death Act, fees for medical records, Worker's Compensation coverage for parking areas, the disclosure of automobile liability policy limits, eligibility for comp from COVID and the effective date of the Hand and Foot Bill.

This year, the 220th legislative session has already approved a bill to increase the minimum limits for motor vehicle and automobile liability coverage and a bill to expand the full disclosure of policy limits. Nonetheless, there are still some changes that the Legislature can approve that will further protect the legal rights of persons injured in automobile accidents.

First: UM/UIM Coverage

While the insurance statutes require all automobile liability policies to include uninsured motorist coverage minimum limits of $15/30,000, the insurers are required to offer the named insured uninsured and underinsured motorist coverage as an option with higher limits of $250/500,000 split limits or $500,000 single limit. There is no requirement that the liability and the UM/UIM limits be the same. The only requirement is that the UM/UIM limits "shall not exceed the insured's motor vehicle liability policy limits." N.J.S.A. 17:28-1.1(b).