As you may know, in Pennsylvania and New Jersey, a insured driver can choose either limited tort or full tort auto insurance policy.   But what happens if that same driver with Pennsylvania auto insurance gets injured in an accident in New Jersey?   You may be shocked to here the legal answer…

The New Jersey “Deemer Statute” states that:

No matter if the Pennsylvania driver picked limited tort or paid more premium to pick full tort on their Pennsylvania auto insurance policy, the Pennsylvania driver is subject to New Jersey’s limited tort law if the Pennsylvania driver’s auto insurance company also is permitted to issue insurance in New Jersey.
 
We at Saile & Saile LLP believe this is completely unfair to the Pennsylvania driver.   Unfortunately, the New Jersey Legislature and Supreme Court, and also the Federal Courts believe it is fair for the Pennsylvania driver who paid more money for full tort insurance in Pennsylvania to have limited tort in New Jersey.  It is not just limited to Pennsylvania drivers…any out of state driver whose out of state insurance company is qualified to write insurance policies in New Jersey is subject to the New Jersey limited tort if they are innocently involved in an accident that occurs in New Jersey. 

Please see the attached case, which fully explains the New Jersey Supreme Courts’ rationale for the “Deemer Statute” here:

Whitaker v- DeVilla.pdf

The actual text of the NJ Deemer Statute is listed below:

17:28-1.4.     Automobile or motor vehicle liability policy; mandatory coverages; construction of policy; written certification of compliance; “automobile” defined:
Any insurer authorized to transact or transacting automobile or motor vehicle insurance business in this State, or controlling or controlled by, or under common control by, or with, an insurer authorized to transact or transacting insurance business in this State, which sells a policy providing automobile or motor vehicle liability insurance coverage, or any similar coverage, in any other state or in any province of Canada, shall include in each policy coverage to satisfy at least the personal injury protection benefits coverage pursuant to section 4 of P.L.1972, c. 70 (C.39:6A-4) or section 19 of P.L.1983, c. 362 (C.17:28-1.3) for any New Jersey resident who is not required to maintain personal injury protection coverage pursuant to section 4 of P.L.1972, c. 70 (C.39:6A-4) or section 4 of P.L.1998, c. 21(C. 39:6A-3.1) and who is not otherwise eligible for such benefits, whenever the automobile or motor vehicle insured under the policy is used or operated in this State.  In addition, any insurer authorized to transact or transacting automobile or motor vehicle insurance business in this State, or controlling or controlled by, or under common control by, or with, an insurer authorized to transact or transacting automobile or motor vehicle insurance business in this State, which sells a policy providing automobile or motor vehicle liability insurance coverage, or any similar coverage, in any other state or in any province of Canada, shall include in each policy coverage to satisfy at least the liability insurance requirements of subsection a. of section 1 of P.L.1972, c. 197 (C.39:6B-1) or section 3 of P.L.1972, c. 70 (C.39:6A-3), the uninsured motorist insurance requirements of subsection a. of section 2 of P.L.1968, c. 385 (C.17:28-1.1), and personal injury protection benefits coverage pursuant to section 4 of P.L.1972, c. 70 (C.39:6A-4) or of section 19 of P.L.1983, c. 362 (C.17:28-1.3), whenever the automobile or motor vehicle insured under the policy is used or operated in this State.Any liability insurance policy subject to this section shall be construed as providing the coverage required herein, and any named insured, and any immediate family member as defined in section 14.1 of P.L.1983, c. 362 (C.39:6A-8.1), under that policy, shall be subject to the tort option specified in subsection a. of section 8 of P.L.1972, c. 70 (C.39:6A-8).Each insurer authorized to transact or transacting automobile or motor vehicle insurance business in this State and subject to the provisions of this section shall file and maintain with the Department of Banking and Insurance written certification of compliance with the provisions of this section.“Automobile” means an automobile as defined in section 2 of P.L.1972, c. 70 (C.39:6A-2). 
 
The author, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law focuses his practice on fighting for plaintiffs’ personal injury victim’s rights in both Pennsylvania and New Jersey.  We handle all serious injuries, car accidents (both limited and full tort), wrongful death, slip & fall downs, construction accidents, Septa, NJ Transit, and other cases other cases. We are located just outside of Philadelphia in lower Bucks County.  Please visit our personal injury only website at www.pa-nj-injurylawyer.com for more injury information.