Jul 082013

It is no surprise that New Jersey roadways are well-traveled by residents of surrounding states. Whether for work or to visit the New Jersey shore, many residents of Pennsylvania, New York, Delaware, etc. are driving in New Jersey each day.

However, when car or truck accidents happen, out of state residents often feel stuck in the maze of New Jersey car accident laws. One of the most confusing car accident laws in New Jersey is the deemer statute.

What is New Jersey’s Deemer Statute?

Passed in 1985 and later amended in 1988, New Jersey’s deemer statute has been the subject of much debate and litigation. The deemer statute, which can be found at New Jersey Statutes Annotated Section 17:28-1.4, extends New Jersey PIP coverage, among other benefits, to out of state residents who get into accidents while driving their cars in New Jersey.

Under the statute, car insurance companies which are authorized to conduct business in the state of New Jersey are required to provide PIP coverage up the limit specified in New Jersey Statutes Annotated Section 39:6A-4 ($250,000). Click here for a list of car insurance companies which are authorized to conduct business in New Jersey.

This is the benefit of the deemer statute – up to $250,000 of PIP or medical benefits conferred on an out of state driver who is injured in a car accident in New Jersey. However, the downside is that in exchange for the right to receive those benefits, an out of state driver may be subject to New Jersey’s verbal threshold or limitation on lawsuit tort election. Click here to learn about the verbal threshold/limitation on lawsuit tort election and the right to sue after a car accident in NJ.

Who Does the Deemer Statute Apply to?

The deemer statute applies to any out of state driver who drives their car in New Jersey and gets into an accident. Therefore, the statute will apply to residents of Pennsylvania, New York, Delaware, Maryland, etc. However, the key under the statute is driving the insured vehicle in New Jersey. Simply riding in an out of state car in New Jersey is not enough to trigger the deemer statute.

For instance, a resident of Pennsylvania who is a passenger in another Pennsylvania resident’s car being driven in New Jersey will not be subject to the deemer statute. On the other hand, the driver/Pennsylvania resident will be subject to the deemer statute, so long as their insurance company is authorized to conduct business in the state of New Jersey.

Related article: Know Your Legal Rights After Being Injured in a NJ Car Accident

Help for Out of State Residents Injured in Car Accidents in New Jersey

Get a Free Consultation with a New Jersey Car Accident Lawyer with over 35 Years of Experience

If you’re a resident of Pennsylvania, New York, Delaware or Maryland and would like to get a free consultation with Phil Ciprietti, please call 800.281.8695.

Mr. Ciprietti represents residents of other states such as Pennsylvania, New York, Maryland, and Virginia who are injured in car, truck or bus accidents while driving on New Jersey roadways: NJ Turnpike, AC Expressway, Interstate 295 or the NJ Garden State Parkway.

About New Jersey Car Accident Lawyer Phil Ciprietti

Philip T. Ciprietti is an experienced personal injury lawyer who has helped many injured car and truck accident victims in New Jersey. Here’s what former clients have to say about working with Phil Ciprietti:

“Phil is professional in his dealings and a great communicator. He never comes off as pompous or talks down to us. He asks for our opinions, and applies any information to help our case.” -William J. Bell, Sr. and Noni Bookbinder Bell

*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in New Jersey. This website page does not provide any legal advice or create any attorney-client relationship. Use of the contact form on this website or emailing Mr. Ciprietti does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.