As a result, the collision damage was charged to Danny personally, and he made a number of installment payments to the insurer of the damaged vehicle.
Fast forward to 2016, when the injured party filed a lawsuit against Danny and others. Danny consulted our law firm for the purpose of filing an Answer to the complaint since no insurance company was accepting responsibility to defend and indemnify Danny. We filed the Answer for him, and learned from the plaintiff’s attorney that the personal injuries were limited. We then kept up constant communications with both insurance companies, letting them know of the limited nature of the claim, and threatening to sue them for compensatory and punitive damages if they did not step up and cover Danny. Ultimately, one of the insurance companies did accept responsibility and paid a settlement to the plaintiff to resolve the personal injury lawsuit.
When a driver who lives outside of New Jersey happens to be operating her motor vehicle within the State of New Jersey and is involved in an accident, she will be subject to the “Deemer Statute”. That can be found at N.J.S.A. 17:28-1.4.
However, this can also cut against the out of state driver. All out of state insurance policies are deemed to contain the “limitation on lawsuit” option for accidents occurring in New Jersey, even if the out of state policy provides full coverage regardless of fault. This can mean that the out of state driver may not be able to recover damages resulting from the accident, unless she satisfies the lawsuit threshold (see https://www.middlesexcountyaccidentlawyer.com/2013/04/).