When you experience an unexpected car accident while traveling, many people are confused about where to seek treatment, whether their auto insurance is valid in other states, and who they can seek compensation from. This can feel particularly complex because each state has different laws regarding insurance and fault determination.
This column provides accurate explanations of treatment and compensation procedures when car accidents occur in other states, focusing on New Jersey and neighboring states.
No-Fault States and PIP (Personal Injury Protection) System
Some U.S. states, particularly New Jersey and New York, have adopted a No-Fault insurance system, where drivers receive medical treatment coverage through their own auto insurance regardless of who is at fault for the accident. One component of this insurance coverage is PIP (Personal Injury Protection).
For example, even if a driver residing in New Jersey or New York has an accident in another state, in most cases they can receive treatment through the PIP included in their own auto insurance. In New Jersey’s case, PIP basically covers up to $250,000 in medical expenses (N.J.A.C. 11:3-4.16).
When Out-of-State Drivers Have Accidents in New Jersey: Deemer Statute (Coverage Extension Provision)
New Jersey allows out-of-state vehicles that have accidents in New Jersey to be covered under New Jersey’s No-Fault insurance regulations if certain conditions are met, through a special regulation called the Deemer Statute (N.J.S.A. § 17:28-1.4).
The condition is as follows: If the vehicle’s insurance company is licensed to do business in New Jersey, the driver receives coverage under New Jersey’s PIP standards (up to $250,000). In such cases, out-of-state drivers can also immediately begin treatment through their insurance after an accident.
However, it’s important to note that not all insurance companies operate in New Jersey, so you must verify whether your insurance company is registered in New Jersey. Additionally, since the Deemer Statute primarily concerns insurance coverage scope and does not include litigation possibilities or comprehensive damages, it’s advisable to confirm more specific rights through legal consultation.
When New Jersey Residents Have Accidents in Other States
Conversely, when New Jersey residents travel to At-Fault (liability-based) states like Virginia or Connecticut and have car accidents, they can still receive basic medical expenses coverage primarily through their own auto insurance (PIP).
However, an important difference is that the law of the state where the accident occurred applies based on fault criteria, so accident responsibility, damage claim methods, settlement options, etc., will be governed by that state’s insurance laws and litigation system. In such cases, consultation with a local attorney registered in that state is strongly recommended.
Don’t Delay Treatment, Get Legal Consultation Quickly
Even if you have an accident in another state, it’s very important not to postpone treatment and receive medical care as quickly as possible. Delaying treatment can worsen symptoms, and insurance companies may refuse or reduce treatment cost payments by questioning the “causal relationship with the accident.”
Additionally, since post-accident procedures are governed by the law of the state where the accident occurred, consultation with legal experts in both your state of residence and the accident state is essential. Securing as much information as possible immediately after the accident and establishing a legal response strategy will significantly impact future compensation results.
Conclusion
Since auto insurance regulations and accident liability standards differ by state in the United States, more careful legal response is needed when accidents occur in other states. It’s important to verify whether your insurance (PIP) applies in other states, understand the insurance law and liability structure of the accident state, and follow optimal compensation and treatment procedures with advice from local experts.
Song Law Firm: New York & New Jersey Car Accident Specialists
Song Law Firm is a specialized law firm focusing on car accidents and personal injury cases in the New York and New Jersey areas. We clearly analyze complex insurance issues such as Deemer provisions, PIP coverage, and fault disputes, and help clients receive prompt treatment and maximum compensation.
If you’ve had a car accident in New York or New Jersey, or if you’ve returned to the New York-New Jersey area after an out-of-state accident and are struggling with treatment and compensation issues, we will work with you until the end to sort out confusing legal matters so you can focus solely on treatment and compensation.
Have you been in a car accident in New York or New Jersey? Call 201-461-0031 right now or send an email to pi@songlawfirm.com to schedule a consultation.
Disclaimer: This column is intended for general information purposes only and does not constitute legal advice for individual cases. For specific legal judgments and actions, you must consult with an attorney separately.
