Answered by a New Jersey car accident lawyer:
Generally, victims of car accidents which occur in New Jersey have the legal right to recover financial losses from the driver of the other car. However, with respect to the issue of recovering pain and suffering or non-economic damages, an out of state driver should seek advice of a New Jersey car accident lawyer to discuss the deemer statute and New Jersey verbal threshold law.
New Jersey’s Deemer Statute – Getting Medical Bills Paid
Residents of other states, such as Pennsylvania, who get into car accidents in New Jersey are often surprised to learn about New Jersey’s deemer statute. This statute has two major prerequisites:
1. It only applies to an out of state resident who drives their car in New Jersey and subsequently gets into a car accident.
2. It only applies only if the individual’s own car insurance company is authorized to conduct business in New Jersey.
The deemer statute basically transforms an out of state driver into a New Jersey resident for purposes of obtaining PIP/medical benefits and being allowed to sue for pain and suffering damages.
Suggested Reading: New Jersey Car Accident Law – The Deemer Statute
New Jersey’s Deemer Statute – Verbal Threshold
The deemer statute gives an out of state driver up to $250,000 of medical benefits coverage for a car accident which occurs in New Jersey. However, it also ignores the driver’s tort election in their home state and instead, assigns the verbal threshold or limitation on lawsuit tort election. In other words, a Pennsylvania driver who elected full tort on their own car insurance policy is likely to be deemed to have elected verbal threshold.
However, it is important to note that New Jersey verbal threshold law is very complex and applies to each case differently. Therefore, it is crucial to seek advice from a New Jersey car accident lawyer as soon as possible.
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:
“Not only did Phil address our legal issues, but he was also genuinely concerned for our physical recovery.” -Ray and Terry Jeschon
*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.