05/26/2026
VISITING THE NJ SHORE THIS SUMMER? HERE'S WHAT PA DRIVERS NEED TO KNOW!
Summer is almost here, and many Pennsylvania residents will soon be heading "down the shore." While everyone hopes for smooth traffic and a safe trip, it’s important to know that if you are involved in a car accident in New Jersey, your legal rights may change the moment you cross the bridge.
WHAT IS THE DEEMER STATUTE?
New Jersey’s “Deemer Statute” is a law that can limit a Pennsylvania driver’s ability to sue for pain and suffering after an accident in New Jersey.
In Pennsylvania, drivers who choose full tort coverage can generally seek compensation for pain and suffering after an accident. New Jersey law, however, works differently.
WHAT DOES THAT MEAN FOR YOU?
Under New Jersey law, you may not be able to recover money for pain and suffering — even when the accident was not your fault — unless your injuries meet certain legal requirements.
This limitation can apply even if:
• You live in Pennsylvania;
• You purchased full tort coverage in Pennsylvania; and
• You pay higher insurance premiums specifically to preserve your right to sue.
In other words, a short trip to the Jersey Shore could end up costing you far more than the price of gas if you are injured in an accident.
ARE THERE EXCEPTIONS TO THE STATUTE?
Yes. There are important exceptions.
Exception #1: WHERE YOUR INSURANCE COMPANY DOES BUSINESS
The Deemer Statute generally does not apply if:
• Your insurance company is not authorized to sell auto insurance in New Jersey; and
• Your insurance company is not affiliated with a company that does business in New Jersey.
New Jersey keeps a list of insurance companies authorized to do business in the state. If your insurance company appears on that list, you are likely subject to the Deemer Statute.
You can view the list here:
https://www.nj.gov/dobi/data/inscomp.htm
Exception #2: SERIOUS INJURIES
Even when the Deemer Statute applies, you may still be able to pursue a claim for pain and suffering if your injuries meet New Jersey’s legal threshold for a “serious injury.”
Examples may include:
• Permanent injuries
• Significant scarring or disfigurement
• Loss of a body part or bodily function
• Certain fractures
Whether an injury qualifies depends on the specific facts of the case and the supporting medical evidence.
HAVE QUESTIONS?
Our firm has extensive experience handling insurance coverage disputes and accident-related claims involving both Pennsylvania and New Jersey law. If you have questions about your rights after an accident in PA or NJ, contact us today for a free consultation.
Feel free to contact us at:
(610) 449-1400
[email protected]
Keller, Lisgar, & Williams is a general practice law firm located in PA. Our firm specializes in criminal defense, family law and accident/injury matters.
