New Jersey § 39:6-86

§ 39:6-86.

When the death of or personal injury to any person arises out of the ownership, maintenance

or use of an automobile in this State on or after the effective date of this act,

but the identity of the automobile and of the operator and owner thereof cannot be

ascertained or it is established that the automobile 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 person qualified

to receive payments under the provisions of the “Unsatisfied Claim and Judgment Fund

Law” 1 shall be entitled to receive payment under sections 7 and 10 of this act, 2 provided that: a. 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, b. 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, c. The claimant was not at the time of the accident: (1) A person operating or riding in a motor vehicle which he had stolen or participated

in stealing, or (2) Operating a motor vehicle without the permission of the owner, and is not the

personal representative of such a person, d. 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, or e. (Deleted by amendment, P.L. 1983, c. 362.) f. The action or claim is not brought by or on behalf of an insurer. 1

N.J.S.A. § 39:6-61 et seq. 2

N.J.S.A. §§ 39:6-86.1, 39:6-86.4.