Sponsored by:
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
SYNOPSIS
Clarifies notice requirements for third party claims under the “New Jersey Tort Claims Act.”
CURRENT VERSION OF TEXT
As introduced.
An Act concerning notice requirements and amending N.J.S.59:8-8 and N.J.S.59:8-9.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.59:8-8 is amended to read as follows:
59:8-8. Time for presentation of claims. A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the 90th day after accrual of the cause of action. A plaintiff or defendant presenting a claim in the original action may bring a third party claim upon a public entity not a party to that action not later than the 90th day after presenting the original notice of claim. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law.
The claimant shall be forever barred from recovering against a public entity or public employee if:
a. (1) The claimant failed to file the claim with the public entity within 90 days of accrual of the claim, or (2) in the case of a third party claim the claimant failed to file the claim with the public entity not later than the 90th day after presenting the original claim except as otherwise provided in N.J.S.59:8-9; or
b. Two years have elapsed since the accrual of the claim or third party claim; or
c. The claimant or the claimant's authorized representative entered into a settlement agreement with respect to the claim or with respect to a third party claim.
Nothing in this section shall prohibit a minor or a person who is mentally incapacitated from commencing an action under this act within the time limitations contained herein, after reaching majority or returning to mental capacity.
(cf: P.L.2013, c.103, s.133)
2. N.J.S.59:8-9 is amended to read as follows:
59:8-9. Notice of late claim. A claimant, or a party who files a third party claim, who fails to file notice of his claim within 90 days as provided in [section] N.J.S.59:8-8 [of this act], may, in the discretion of a judge of the Superior Court, be permitted to file such notice at any time within one year after the accrual of his claim provided that the public entity or the public employee has not been substantially prejudiced thereby. Application to the court for permission to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the affiant showing sufficient reasons constituting extraordinary circumstances for his failure to file notice of claim within the period of time prescribed by [section] N.J.S.59:8-8 [of this act] or to file a motion seeking leave to file a late notice of claim within a reasonable time thereafter; provided that in no event may any suit against a public entity or a public employee arising under this act be filed later than two years from the time of the accrual of the claim.
(cf: P.L.1994, c.49, s.5)
3. This act shall take effect immediately.
STATEMENT
Under N.J.S.59:8-8 of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., a claim against a public entity relating to a cause of action for death or for injury or damage to person or to property is required to be filed 90 days after accrual of the cause of action. If a party fails to file a claim with the public entity within the 90 days, then the party is barred from recovering against a public entity.
This bill amends N.J.S.59:8-8 to clarify that a plaintiff or defendant in the original action may bring a third party claim upon a public entity not a party to the action not later than the 90th day after presenting the original notice of claim.
In addition, the bill amends N.J.S.59:8-9 concerning notice of late claims to make that provision applicable to third party claimants. Specifically, N.J.S.59:8-9 provides that a late claim may be filed up to one year after the accrual of the claim provided that the public entity has not been substantially prejudiced by the late filing.