Proposed Bill Offers Financial Protection for Survivors of Auto Accident Victims

Trenton, NJNelson Albano, Douglas Fisher, and John J. Burzichelli have sponsored a bill that proposes financial liability protection for the surviving family members of victims of fatal auto accidents. The protection comes in the form of not holding the families of auto accident victims liable for the incredible costs associated with handling and storage fees of automobiles involved in fatal auto accidents.

Named after 18-year-old Daniel Mackay who was killed on interstate 295 in June 2006, "Mackay's Law" limits the vehicle storage cost to $100 for the first 72 hours if the driver of the vehicle is seriously injured or killed. The proposal of the bill follows the story of how Daniel's family began the search for Daniel's vehicle 2 days after his funeral, which was a week after the accident. When the vehicle was located, the family was presented with a bill for $640.90 for the storage and towing costs imposed by the towing service.

It then came to the attention of Burzichelli, Fisher, and Albano that something was wrong with grief-stricken families having to track down automobiles involved in fatal auto accidents, only to be handed a large bill upon location of the vehicle. Burzichelli stated that the location of the vehicle should be amongst the basic information provided to the families immediately to avoid an unnecessary financial burden in addition to the stress of losing a loved one.

What Mackay's Law would do is require police officers to tell the next-of-kin of those severely injured or killed in auto accidents the information regarding the location of the vehicle and what towing company transported it to what location. That way the family can retrieve the vehicle within 72 hours and only be responsible for approximately $100 rather than hundreds of dollars. The law would also require the officers to provide written information to the next-of-kin on how to obtain the accident report .

If anything, the death of Daniel Mackay exposed an issue in regards to auto accidents that must be corrected. Families in mourning have been faced with large bills when trying to obtain the automobiles of loved ones killed in fatal auto accidents. Sometimes the delay in finding the vehicle is simply a result of not knowing which towing company took the vehicle or where the towing company stored the vehicle.

Also, in many instances the cars involved in auto accidents don't belong to the ones driving it. Under current law, the agency that takes possession of the vehicle must notify the Motor Vehicle Commission that they have possession of the vehicle. Once the Motor Vehicle Commission provides that agency with information regarding ownership, the agency has three business days to notify the owner of the vehicle that they have possession of it. The agency also has three business days to provide the ownership information to the storage company. The storage company then has 30 days to notify the owner of the location of the vehicle. Fortunately, Mackay's law will change all of this and allow the next-of-kin to have the necessary information to locate and take possession of the vehicle within 72 hours, resulting in a significantly lower cost to grief-stricken families.