van is not an automobile for Nj PIP purposes

When is a “Van” not an “Auto” for N.J. PIP Purposes?

A church van

According to the App. Div., in a ruling on Tuesday, a van registered to a church, with fifteen (15) seats, and used for transporting church members back and forth from church, is not an automobile, as defined in 39: 6A-2(a); thereby denying occupants of the church van PIP benefits under the N.J. No fault Act. Here’s the definition of “automobile:”

“Automobile”

means a private passenger automobile of a private passenger or station wagon type that is owned or hired and is neither used as a public or livery conveyance for passenger not rented to others with a driver; and a motor vehicle with a pickup body, a delivery sedan, a van, or a panel truck or a camper type vehicle used for recreational purposes owned by an individual or by husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the insured other than farming or ranching. An automobile owned by a farm family or ranching. An automobile owned by a family co-partnership or corporation which is principally garaged on a farm or ranch and otherwise meets  the definitions contained in this section, shall be considered a private passenger automobile owned by two or more relatives residing in the same household”

Since the church van was not a motor vehicle used for recreational purposes, owned by an individual, or a husband and wife, who reside in the same household, the App. Div. ruled the occupants were not entitled to PIP benefits arising out of a motor vehicle accident.

N.J. car accident lawyer

Ssssh....I'm thinking

Commentary:

Thumbs up! The correct decision.


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About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information, tips and tricks to help drivers beat NYC parking tickets.

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