New Jersey § 39:6a-9

§ 39:6a-9.

a. An insurer, health maintenance organization or governmental agency paying benefits

pursuant to subsection a., b. or d. of section 13 of P.L.1983, c. 362 ( C.39:6A-4.3 ), personal injury protection benefits in accordance with section 4 or section 10

of P.L.1972, c. 70 ( C.39:6A-4 or 39:6A-10 ), medical expense benefits pursuant to section 4 of P.L.1998, c. 21 ( C.39:6A-3.1 ) or benefits pursuant to section 45 of P.L.2003, c. 89 ( C.39:6A-3.3 ), as a result of an accident occurring within this State, shall, within two years

of the filing of the claim, have the right to recover the amount of payments from

any tortfeasor who was not, at the time of the accident, required to maintain personal

injury protection or medical expense benefits coverage, other than for pedestrians,

under the laws of this State, including personal injury protection coverage required

to be provided in accordance with section 18 of P.L.1985, c. 520 ( C.17:28-1.4 ), or although required did not maintain personal injury protection or medical expense

benefits coverage at the time of the accident. b. In the case of an accident occurring in this State involving an insured tortfeasor,

the determination as to whether an insurer, health maintenance organization or governmental

agency is legally entitled to recover the amount of payments and the amount of recovery,

including the costs of processing benefit claims and enforcing rights granted under

this section, shall be made against the insurer of the tortfeasor, and shall be by

agreement of the involved parties or, upon failing to agree, by arbitration. Any recovery by an insurer, health maintenance organization or governmental agency

pursuant to this subsection shall be subject to any claim against the insured tortfeasor's

insurer by the injured party and shall be paid only after satisfaction of that claim,

up to the limits of the insured tortfeasor's motor vehicle or other liability insurance

policy.