New Jersey § 39:6-86

§ 39:6-86.

When any person qualified to receive payments under the provisions of the “Unsatisfied

Claim and Judgment Fund Law” 1 suffers bodily injury or death as a pedestrian, as defined in section 2 of P.L.1972,

c. 70 ( C.39:6A-2 ), caused by a motor vehicle, including an automobile as defined in section 2 of P.L.1972,

c. 70 ( C.39:6A-2 ), and a motorcycle, or by an object propelled therefrom, or arising out of an accident

while occupying, entering into, alighting from, or using an automobile, registered

or principally garaged in this State for which personal injury protection benefits

under the “New Jersey Automobile Reparation Reform Act,” P.L.1972, c. 70 ( C.39:6A-1 et seq. ), or section 19 of P.L.1983, c. 362 ( C.17:28-1.3 ), would be payable to such person if personal injury protection coverage were in

force and the damages resulting from such accident or death are not satisfied due

to the personal injury protection coverage not being in effect with respect to such

accident, or when a pedestrian suffers bodily injury as provided by section 35 of P.L.2003,c.89 ( C.39:6-86.7 ) then in such event the Unsatisfied Claim and Judgment Fund shall provide, under the

following conditions, the following benefits: a. Medical expenses benefits. Payment of all medical expense benefits in accordance with a benefits plan, subject to the approval of the commissioner, for

reasonable, necessary and appropriate treatment and provision of services in an amount not exceeding $250,000 per person per accident. In the event of death, payment shall be made to the estate of the decedent. The benefits plan shall set forth the benefits provided by the Unsatisfied Claim and

Judgment Fund, including eligible medical treatments, diagnostic tests and services

as well as such other benefits as the Unsatisfied Claim and Judgment Fund may provide. Medical expense benefit payments shall be subject to a deductible of $250. 00 on account

of injury in any one accident and a copayment of 20% of any benefits payable between

$250.00 and $5,000.00. b. Income continuation benefits. The payment of the loss of income of an income producer as a result of bodily injury

disability, subject to a maximum weekly payment of $100.00. Such sums shall be payable during the life of the injured person and shall be subject

to an amount or limit of $5,200.00, on account of injury to any one person in any

one accident, except that in no case shall income continuation benefits exceed the

net income normally earned during the period in which the benefits are payable. c. Essential services benefits. Payment of essential services benefits to an injured person shall be made in reimbursement

of necessary and reasonable expenses incurred for such substitute essential services

ordinarily performed by the injured person for himself, his family and members of

the family residing in the household, subject to an amount or limit of $12.00 per

day. Such benefits shall be payable during the life of the injured person and shall be

subject to an amount or limit of $4,380.00, on account of injury to any one person

in any one accident. d. Death benefits. In the event of the death of an income producer as a result of injuries sustained

in an accident entitling such person to benefits under this section, the maximum amount

of benefits which could have been paid to the income producer, but for his death,

under subsection b. of this section shall be paid to the surviving spouse, or in the

event there is no surviving spouse, then to the surviving children, and in the event

there are no surviving spouse or surviving children, then to the estate of the income

producer. In the event of the death of one performing essential services as a result of injuries

sustained in an accident entitling such person to benefits under subsection c. of

this section, the maximum amount of benefits which could have been paid such person,

under subsection c., shall be paid to the person incurring the expense of providing

such essential services. e. Funeral expenses benefits. All reasonable funeral, burial and cremation expenses, subject to a maximum benefit

of $1,000.00, on account of the death to any one person in any one accident shall

be payable to decedent's estate. Provided, however, that no benefits shall be paid under this section unless the person

applying for benefits has demonstrated that he is not disqualified by reason of the

provisions of subsection (a), (c), (d) or (l) of section 10 of P.L.1952, c. 174 ( C.39:6-70 ), or any other provision of law. 1

N.J.S.A. § 39:6-61 et seq.