In the recent unreported decision of Taveras v. Roman, the court considered whether a minivan that is used as a school vehicle falls within the definition of any automobile under N.J.S.A. for purposes of PIP benefits. The plaintiff was employed as a driver for School Tyme, a company that contracted with various school districts for the transportation of special needs children. School Tyme allowed the plaintiff to use one of the minivans for travel to and from work and to keep the van at her home overnight.   The minivan’s rear bumper was marked with the words “School Vehicle”, and its license plate was marked as a commercial vehicle.

While driving the minivan from work, the plaintiff was involved in a rear end collision and suffered injuries. She had an auto insurance policy through Cure that covered her personally owned vehicle. When the plaintiff submitted her claim, Cure denied her PIP benefits, arguing that her injuries did not result from the ownership, maintenance or use of an automobile. After suit was filed, Cure moved for summary judgment, arguing that the plaintiff was operating a school bus and, as such, the vehicle was not an automobile eligible for PIP benefits under the statute. The trial court denied Cure’s motion for summary judgment and, on appeal the appellate court noted that PIP coverage is only available in New Jersey when a vehicle meets the statutory definition of an automobile. The statute establishes two categories of vehicles subject to PIP coverage. The first category applies to “a private passenger automobile of a private passenger or station wagon type.” The second category applies to a variety of other specified types of motor vehicles that are not used for business purposes.

The court ultimately opined that the minivan driven by the plaintiff was a “station wagon type automobile” that falls within the first of the categories of automobile under N.J.S.A. and, therefore, could not serve as a basis for Cure to deny PIP benefits to the plaintiff.

Thanks to Heather Aquino for her contribution to this post. For more information, please contact Nicole Y. Brown at .