Key Takeaways
- A crash involving an out-of-state or rental vehicle may involve several insurance policies.
- New Jersey PIP generally covers an insured person’s qualifying medical expenses regardless of who caused the crash.
- The NJ deemer statute can require certain out-of-state insurers to provide coverage consistent with New Jersey requirements.
- Rental companies are generally not liable merely because they own the vehicle, although other grounds for liability may exist.
- Identifying every available insurance policy is important after an accident with out-of-state plates that NJ drivers are involved in.
If you are hit by an out-of-state driver, NJ insurance rules can make the claim more complicated than in a routine collision. You and your attorney may need to review the at-fault driver’s liability coverage, your own Personal Injury Protection (PIP), uninsured or underinsured motorist coverage, and rental-car insurance.
Why Are Out-of-State and Rental-Car Crashes Common in Atlantic City?
Atlantic City attracts visitors for casinos, conventions, entertainment, beaches, and other events. Many motorists are unfamiliar with local streets, while others arrive in rental vehicles or cars registered outside New Jersey.
A claim for a tourist car accident in Atlantic City may therefore require determining where the driver lives, where the vehicle is registered, which company issued the policy, and whether the vehicle was rented.
Who Pays If an Out-of-State Driver Hits You in NJ?
Liability coverage may pay damages for which the other driver is legally responsible. However, New Jersey’s no-fault system means your own PIP coverage generally pays qualifying medical expenses regardless of fault.
If the responsible motorist has inadequate insurance, uninsured or underinsured motorist coverage may also apply.
What Is New Jersey’s Deemer Statute?
The NJ deemer statute affects certain insurance companies that issue automobile policies outside New Jersey but are authorized to conduct automobile insurance business in New Jersey or meet specified affiliation requirements.
When the statute applies, an out-of-state policy may be required to provide certain New Jersey coverages when the insured vehicle is operated in-state.
Importantly, the statute does not automatically apply to every insurer or every out-of-state policy; each individual carrier and policy must be examined individually.
Does Your Own PIP Still Apply If a Tourist Hits You?
Generally, yes. If you are covered by New Jersey PIP, the other driver’s state of residence normally does not determine whether your qualifying medical expenses are covered. PIP is designed to pay medical expenses regardless of fault, subject to the policy’s limits, deductible, copayments, and any health-insurer-as-primary election.
Rental Car Accident in NJ: Who Pays?
There may be several possible sources of coverage in a rental car accident in NJ, including the renter’s personal automobile policy, coverage associated with the rental, supplemental insurance purchased by the renter, and the injured person’s own applicable coverage.
Under the federal Graves Amendment, a rental-car company generally cannot be held liable solely because it owns the vehicle when the statutory requirements are met and the company itself was not negligent or engaged in criminal wrongdoing.
What Should You Do After a Crash With an Out-of-State Driver?
After an out of state driver accident in Atlantic City, motorists should take the following steps:
- Report the collision to police and their insurer.
- Photograph the vehicles, damage, license plates, and crash scene.
- Get the driver’s license, insurance, registration, and contact information.
- Determine whether the vehicle is rented and preserve rental information.
- Seek medical attention when necessary.
- Keep medical records, bills, repair estimates, and correspondence from insurers.
Frequently Asked Questions
Does New Jersey law apply if the other driver lives in another state?
A New Jersey collision can trigger New Jersey insurance and liability rules, although the specific policies and circumstances may affect which laws govern particular coverage questions.
Does the Deemer statute apply to every out-of-state driver?
No. The statute applies only when its requirements regarding the insurer and policy are satisfied.
Can I sue a rental-car company after an accident?
Ownership alone generally does not create liability under the Graves Amendment. A rental company may face liability under other circumstances, including when its own negligence contributed to the harm.
Hit by Out of State Driver NJ? Contact D’Amato Law Firm
If an out-of-state or rental driver injured you in Atlantic City, D’Amato Law Firm can review the available insurance policies and explain your legal options. We offer free consultations from our Egg Harbor Township, New Jersey office.
Call D’Amato Law Firm at 609-926-3300 or fill out our online contact form to schedule a free consultation and discuss your Atlantic City car accident claim.
Atlantic County Truck Accident Lawyers at D’Amato Law Firm Advocate for Crash Victims
The Atlantic County truck accident lawyers at D’Amato Law Firm fight for the rights of crash victims as they seek the financial compensation they deserve. Our experienced legal team will be your advocate. You can schedule a free initial consultation by visiting our website or by calling us today at 609-926-3300. Located in Egg Harbor Township, New Jersey, we serve clients in the surrounding areas.