New Jersey § 39:6-78
Full text of New Jersey New Jersey Statutes § 39:6-78, with citation guidance and answers to common questions.
§ 39:6-78.
When the death of, or personal injury to, any person arises out of ownership, maintenance
or use of a motor vehicle in this State on or after April 1, 1955, but the identity
of the motor vehicle and of the operator and owner thereof cannot be ascertained or
it is established that the motor vehicle was, at the time said accident occurred,
in the possession of some person other than the owner without the owner's consent
and that the identity of such person cannot be ascertained, any qualified person who
would have a cause of action against the operator or owner or both in respect to such
death or personal injury may bring an action therefor against the association in any court of competent jurisdiction, but no judgment against the association shall be entered in such an action unless the court is satisfied, upon the hearing
of the action, that-- (a) The claimant has complied with the requirements of section 5, 1 (b) The claimant is not a person covered with respect to such injury or death by any
workers' compensation law, or the personal representative of such a person, (c) The claimant was not at the time of the accident the owner or registrant of an
uninsured motor vehicle, or was not operating a motor vehicle in violation of an order
of suspension or revocation, (d) The claimant has a cause of action against the operator or owner of such motor
vehicle or against the operator who was operating the motor vehicle without the consent
of the owner of the motor vehicle, (e) All reasonable efforts have been made to ascertain the identity of the motor vehicle
and of the owner and operator thereof and either that the identity of the motor vehicle
and the owner and operator thereof cannot be established, or that the identity of
the operator, who was operating the motor vehicle without the owner's consent, cannot
be established, (f) The action is not brought by or on behalf of an insurer under circumstances set
forth in paragraph (1) of section 10. 2 1
N.J.S.A. § 39:6-65. 2
N.J.S.A. § 39:6-70.
Frequently Asked Questions About New Jersey § 39:6-78
What does New Jersey Statutes § 39:6-78 cover?
Section 39:6-78 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 39:6-78?
A common citation format is "New Jersey Statutes § 39:6-78" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 39:6-78 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.