Accidents With Out of State Drivers

If you are injured in a motor vehicle accident on the New Jersey Turnpike, Garden State Parkway, Route 80, Route 287, Route 78, Route 24 or any of New Jersey’s busy roads, it’s reassuring to know that New Jersey has some of the highest mandatory minimum requirements for bodily injury insurance coverage. But, what happens when you are involved in a car accident in New Jersey with another driver from a different state? What if that driver’s state has lower mandatory limits than New Jersey? Does this mean you get less? Not to worry, as the answer is NO!

Deemer Statute

Under New Jersey’s Deemer Statute:

[a]ny insurer authorized to transact or transacting automobile or motor vehicle insurance business in this State…shall include [in each out-of-state policy] at least the liability insurance requirements of [N.J.S.A. 39:6B-1 or N.J.S.A. 39:6A-3]… whenever the automobile or motor vehicle insured under the policy is used or operated in this State. N.J.S.A. 17:28-1.4.

Further, in Craig and Pomeroy, New Jersey Auto Insurance Law, comment 1:2-6 (2003) states "The legislation was in response to a growing number of cases where New Jersey residents were injured in accidents caused by out-of-state drivers whose insurance coverage was less than New Jersey's statutory requirements."

That means that the out-of-state person who hit you, with the minimum levels of bodily injury coverage as afforded by his or her state, is still subject to the minimum insurance requirements of New Jersey. That individual’s policy is thus ”deemed” to have the mandatory minimum levels of New Jersey’s bodily injury coverage.

Remember, deeming is not automatic and you need a seasoned attorney to guide you through the process. Hurt by an out-of-state driver? Call Verp & Leddy for help.