In Leggette v GEICO, A-1911-15T3, the Appellate Division, in a published opinion found that an out of state plaintiff struck by a NJ motor vehicle while a pedestrian in NJ did not trigger PIP per the Deemer Statute because there was not a sufficient nexus between her vehicle and the accident. The Plaintiff parked her car, walked through the parking lot and was struck while walking across the street. Plaintiff’s argument that the Deemer statute was triggered once she drove into NJ was not accepted as she was not using or operating her vehicle at the time of the accident. Since the Deemer statute was not triggered, Plaintiff cannot receive NJ’s $250,000 PIP benefits. Briefly, the Deemer Statute provides out of state drivers with NJ’s benefits, PIP, etc. and in exchange, deems the driver to have selected the limitation-on-lawsuit option, N.J.S.A. 39:6A-8(a).
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