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What are the rights of an out of state driver who gets into an accident in New Jersey?

New Jersey car accident law is very complex. It is important to discuss your case and your options with a qualified New Jersey car and truck accident lawyer. The following answer is informational only and does not provide any legal advice.

An out of state driver who gets into an accident while driving in New Jersey and suffers injuries will generally be able to recover up to $250,000 of medical benefits from their own auto insurance carrier. However, due to a special statute in New Jersey, known as the “Deemer Statute,” the injured out of state driver will probably not be able to recover pain and suffering damages unless the injury falls into one of six narrow exceptions.

The “Deemer Statute” would apply in this situation, so long as the out of state driver’s insurance company did business in the state of New Jersey on the date of the accident. Most insurance companies do business in New Jersey, or at least have a subsidiary in New Jersey.

Obtaining Medical Benefits

The out of state driver would be able to make a claim for up to $250,000 of medical benefits under their own insurance policy. However, most people already have medical benefits under their own car or health insurance policies.

Financial Recovery for Injuries

In addition, the out of state driver would be “deemed” to have a verbal threshold or limitation on lawsuit auto insurance policy. This basically means that absent an injury that falls within six exceptions (permanent injury such as scarring, death, disfigurement, dismemberment, displaced fracture, etc.), the driver would not be able to recover pain and suffering damages. However, they would still be able to file a lawsuit against the other party to recover economic damages, such as lost wages. The deemer statute does not affect this right.

For more information, access our free legal article about New Jersey’s deemer statute and the verbal threshold or limitation on lawsuit.

If you’d like to have your case reviewed by our NJ car accident lawyers, call 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.

*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

The car accident lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:

  • PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
  • NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities



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    The Pavilion
    261 Old York Rd., Suite 504
    Jenkintown, PA 19046
    Tel: (215) 925-4451
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    New Jersey Office
    1415 Route 70 East
    Cherry Hill, NJ 08034
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