New Jersey’s Deemer statute does not apply to pedestrians hit in New Jersey if the pedestrian is insured in another state.

In this case of first impression, a Virginia resident was struck by a New Jersey driver while walking across the street in New Jersey. The pedestrian wanted the Deemer Statute applied, which would furnish her with New Jersey’s PIP benefits, which would have aided her in her six-figure medical bills. The court found the pedestrian was not entitled to New Jersey’s PIP benefits under the Deemer Statute, N.J.S.A. § 17:28-1.4. The court determined the statute is triggered only when there is a nexus between the out-of-state automobile and the accident. In this case, the pedestrian was no longer in her vehicle, which was the crux of the decision.

^{Case Law Alerts, 1st Quarter, January 2018}

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