New Jersey § 39:6a-13

§ 39:6a-13.

Discovery of facts as to personal injury protection coverage. The following apply to personal injury protection coverage benefits payable under

a standard automobile insurance policy pursuant to sections 4 and 10 of P.L.1972,

c. 70 ( C.39:6A-4 and 39:6A-10 ) , medical expense benefits payable under a basic automobile insurance policy pursuant

to section 4 of P.L.1998, c. 21 ( C.39:6A-3.1 ) and benefits payable under a special automobile insurance policy pursuant to section

45 of P.L.2003, c. 89 ( C.39:6A-3.3 ) : a. Every employer shall, if a request is made by an insurer or the Unsatisfied Claim

and Judgment Fund providing personal injury protection benefits under a standard automobile

insurance policy or medical expense benefits payable under a basic automobile insurance

policy against whom a claim has been made, furnish forthwith, in a form approved by

the Commissioner of Banking and Insurance, a signed statement of the lost earnings

since the date of the bodily injury and for a reasonable period before the injury,

of the person upon whose injury the claim is based. b. Every physician, hospital, or other health care provider providing, before and

after the bodily injury upon which a claim for personal injury protection benefits

or medical expense benefits is based, any products, services or accommodations in

relation to such bodily injury or any other injury, or in relation to a condition

claimed to be connected with such bodily injury or any other injury, shall, if requested

to do so by the insurer or the Unsatisfied Claim and Judgment Fund against whom the

claim has been made, furnish forthwith a written report of the history, condition,

treatment, dates and costs of such treatment of the injured person, and produce forthwith

and permit the inspection and copying of his or its records regarding such history,

condition, treatment dates and costs of treatment. The person requesting such records shall pay all reasonable costs connected therewith. c. The injured person shall be furnished upon demand a copy of all information obtained

by the insurer or the Unsatisfied Claim and Judgment Fund under the provisions of

this section, and shall pay a reasonable charge, if required by the insurer and the

Unsatisfied Claim and Judgment Fund. d. Whenever the mental or physical condition of an injured person covered by personal

injury protection under a standard automobile insurance policy or medical expense

benefits under a basic automobile insurance policy is material to any claim that has

been or may be made for such past or future personal injury protection benefits or

medical expense benefits, such person shall, upon request of an insurer or the Unsatisfied

Claim and Judgment Fund submit to mental or physical examination conducted by a health

care provider licensed in this State in the same profession or specialty as the health

care provider whose services are subject to review under this section and who is located

within a reasonable proximity to the injured person's residence. The injured person shall provide or make available to the provider any pertinent

medical records or medical history that the provider deems necessary to the examination. The costs of any examinations requested by an insurer or the Unsatisfied Claim and

Judgment Fund shall be borne entirely by whomever makes such request. Such examination shall be conducted within the municipality of residence of the

injured person. If there is no qualified health care provider to conduct the examination within

the municipality of residence of the injured person, then such examination shall be

conducted in an area of the closest proximity to the injured person's residence. Insurers providing personal injury protection coverage under a standard automobile

insurance policy or medical expense benefits under a basic automobile insurance policy

are authorized to include reasonable provisions requiring those claiming personal

injury protection coverage benefits or medical expense benefits to submit to mental

or physical examination as requested by an insurer or the Unsatisfied Claim and Judgment

Fund pursuant to the provisions of this section. Failure to submit to a mental or physical examination requested by an insurer or

the Unsatisfied Claim and Judgment Fund pursuant to the provisions of this section

shall subject the injured person to certain limitations in coverage as specified in

regulations promulgated by the commissioner. e. If requested by the person examined, a party causing an examination to be made,

shall deliver to him a copy of every written report concerning the examination rendered

by an examining health care provider, at least one of which reports must set out his

findings and conclusions in detail. After such request and delivery, the party causing the examination to be made is

entitled upon request to receive from the person examined every written report available

to him, or his representative, concerning any examination, previously or thereafter

made of the same mental or physical condition. f. The injured person, upon reasonable request by the insurer or the Unsatisfied Claim

and Judgment Fund, shall sign all forms, authorizations or releases for information,

approved by the Commissioner of Banking and Insurance, which may be necessary to the

discovery of the above facts, in order to reasonably prove the injured person's losses. g. In the event of any dispute regarding an insurer's or the Unsatisfied Claim and

Judgment Fund's or an injured person's right as to the discovery of facts about the

injured person's earnings or about his history, condition, treatment, dates and costs

of such treatment, or the submission of such injured person to a mental or physical

examination subject to the provisions of this section, the insurer, Unsatisfied Claim

and Judgment Fund or the injured person may petition a court of competent jurisdiction

for an order resolving the dispute and protecting the rights of all parties. The order may be entered on motion for good cause shown giving notice to all persons

having an interest therein. Such court may protect against annoyance, embarrassment or oppression and may as

justice requires, enter an order compelling or refusing discovery, or specifying conditions

of such discovery; the court may further order the payment of costs and expenses

of the proceeding, as justice requires.