Key Takeaway
Expert legal guidance on NY-NJ cross-state insurance claims. Long Island attorney explains choice of law implications. Call 516-750-0595.
Understanding Cross-State Auto Insurance Claims: When New York and New Jersey Laws Collide
When you’re involved in a car accident that crosses state lines—particularly between New York and New Jersey—determining which state’s insurance laws apply can significantly impact your claim. For Long Island and New York City residents who frequently travel between these states, understanding these “Trans-Hudson” cases is crucial for protecting your rights and benefits.
The Legal Framework: Choice of Law in Interstate Auto Insurance
The intersection of different state insurance laws creates complex legal scenarios that require experienced legal analysis. A recent case highlights these challenges and their implications for accident victims in our area.
Case Analysis: Careplus Medical Supply v. Selective Insurance
Careplus Med. Supply, Inc. v Selective Ins. Co. of Am., 2009 NYSlipOp 29109 (App. Term 2d Dept. 2009)
http://www.courts.state.ny.us/reporter/3dseries/2009/2009\_29109.htm
I think someone out there knew it would be a matter of time before a “Trans-Hudson” (a term involving a New Jersey policy and New York loss) no-fault case would find its way into the court system. It just did. Not surprisingly, the court ruled New Jersey law would apply.
Factually, the case involved a New Jersey policy, New Jersey insured and a New York accident. There is a legion of case law out there that made this result preordained. There are, however, broader issues that this case represents. Arguably, a case predicated upon New Jersey law must be brought within two years of the last payment or two years from the date of loss, which ever is greater (New Jersey PIP Law). Stranger pedestrians, consistent with NJ Pip law, are exempted from coverage, upon the presentation of a proper policy endorsement. Furthermore, a provider must make a prima face case of medical necessity and causation to be entitled to no-fault benefits under New Jersey law.
But under New Jersey law, there are pre-certification requirements and sizable deductibles. While the standard New Jersey policy offers $250,000 in first-party benefits, the New Jersey fee schedule rules, in accordance with New Jersey’s 1998 Automobile Insurance Cost Reduction Act (AICRA), do not allow certain services to be compensable. Case and point: CPT services and video fluoroscopy services are per se not compensable under New Jersey law. We all know this is not the case in New York. I will leave the policy determination as to whether these tests should be compensable to somebody else.
The Deemer Statute: A Critical Protection for New Yorkers
But, the deemer statute (Ins Law 5107) adds some wrinkles to this paradigm.
In fact, wouldn’t the deemer statute mandate that the injured person (or his assignee) receive the benefit of the vast array of services, without the co-pays and pre-certs, that the New York fee schedule offers? Otherwise, the deemer statute is without force.
Consider the hypothetical no-fault statute that allows unlimited benefits, yet charges a 90% co-pay up to some indeterminate sum. Clearly, the deemer statute would mandate New York style benefits up until the first $50,000 that is paid out under the policy.
Therefore, it follows that in these “Trans-Hudson” cases, benefits up until the first $50,000 should be paid in accordance with the greater of the New Jersey or New York fee schedule. Should the sister-state’s policy allow for first-party no-fault benefits in excess of $50,000 (this includes only New Jersey and Michigan), then that state’s fee schedule rules would be in effect from dollar $50,0001 up until the policy limit. But, if the sister state’s fee schedule rules are more beneficial to the Claimant that New York’s fee schedule rules, then it would follow that the sister state’s fee schedule rules would need to be followed.
But you can see that we have just touched the surface with these Trans Hudson cases… The details will need to be filled in at a later time.
Practical Implications for Long Island and NYC Residents
For residents of Nassau, Suffolk, Queens, Brooklyn, and Manhattan who regularly commute or travel between New York and New Jersey, these legal principles have real-world consequences:
Coverage Differences That Matter
- Medical Treatment Coverage: New York’s no-fault system typically provides broader coverage for diagnostic procedures and treatments
- Time Limitations: Different statute of limitations periods can affect your ability to pursue claims
- Pre-authorization Requirements: New Jersey’s stricter pre-certification rules may impact access to immediate medical care
- Fee Schedules: The compensation rates for medical providers and services can vary significantly
What This Means for Your Case
When an accident occurs involving parties from different states, several factors determine which state’s laws apply:
- Where the insurance policy was issued
- Where the accident occurred
- The residence of the insured parties
- The specific terms of the insurance policy
Navigating Complex Multi-State Claims
The complexity of Trans-Hudson cases requires careful legal analysis to ensure you receive maximum benefits under applicable law. Insurance companies often attempt to apply the more restrictive state’s laws, potentially reducing your compensation.
Key Strategies for Protecting Your Rights
- Immediate documentation of all accident details and policy information
- Understanding which state’s no-fault benefits apply to your situation
- Ensuring proper application of the deemer statute when beneficial
- Navigating different pre-authorization and treatment protocols
The Evolving Landscape of Interstate Insurance Law
As cross-border travel continues to increase in the New York metropolitan area, these Trans-Hudson cases are becoming more common. Courts are still developing the finer points of how these laws interact, creating both opportunities and challenges for accident victims.
Future Considerations
Legal precedents in this area continue to evolve, making it essential to work with attorneys who stay current with developments in multi-state insurance law and understand how to maximize benefits under complex legal frameworks.
Frequently Asked Questions
Q: If I live in Long Island but have a New Jersey insurance policy, which state’s laws apply if I’m in an accident in New York?
A: Generally, the law of the state where the insurance policy was issued will apply, but New York’s deemer statute may provide you with enhanced benefits for the first $50,000 of coverage.
Q: How does the New York deemer statute protect me in cross-state accident cases?
A: The deemer statute ensures that out-of-state policies provide at least the same level of benefits as required by New York law, up to the first $50,000 of coverage.
Q: What should I do immediately after a cross-state accident?
A: Document everything thoroughly, obtain copies of all insurance policies involved, and consult with an experienced attorney who understands multi-state insurance law before accepting any settlement offers.
Q: Can I choose which state’s laws apply to my case?
A: No, choice of law is determined by legal principles and the specific facts of your case, not by your preference. However, skilled legal representation can help ensure the most favorable applicable law is properly applied.
Q: How do pre-certification requirements differ between New York and New Jersey?
A: New Jersey typically has stricter pre-authorization requirements for medical treatments, while New York’s system generally provides more immediate access to necessary care.
Protecting Your Rights in Complex Insurance Cases
Trans-Hudson cases represent just the beginning of an increasingly complex area of law. As these legal principles continue to develop, having knowledgeable legal representation becomes even more critical for protecting your rights and ensuring you receive the full benefits you’re entitled to under the law.
If you’ve been involved in an accident involving multi-state insurance coverage, don’t let insurance companies dictate which laws apply to your case. The interplay between different state laws can significantly impact your compensation, and understanding these nuances requires experienced legal guidance.
If you need assistance with a complex multi-state insurance claim or have questions about how choice of law affects your case, call 516-750-0595 for a consultation. Our experienced team understands the intricacies of Trans-Hudson cases and will fight to ensure you receive maximum benefits under applicable law.
Related Articles
- Understanding Choice of Law in Multi-State Personal Injury Cases
- Interstate Insurance Law Complications in New York Personal Injury Cases
- New Jersey law bars most of Plaintiff’s recovery in this PIP subrogation action
- Pennsylvania Insurance Law in New York Courts: Navigating Choice of Law and the Innocent Third Party Doctrine
Legal Update (February 2026): Since this post’s publication in 2009, New York Insurance Law § 5107 and related no-fault provisions have undergone multiple amendments, including changes to fee schedules, reimbursement rates, and procedural requirements for cross-state claims. Additionally, New Jersey’s no-fault law and PIP coverage structures have been modified several times, potentially affecting choice of law analyses in Trans-Hudson cases. Practitioners should verify current provisions of both states’ insurance codes and recent appellate decisions when handling interstate claims.
