Uninsured Underinsured Motorists

Can You File a Claim if the Driver is Uninsured in New York or New Jersey?

Every year, more than 500,000 motor vehicle accidents take place between New York State and New Jersey. These accidents often result in life-changing injuries for victims. In most cases, injured victims file claims against insurance companies to recover compensation to help alleviate the costs they face moving forward.

Most victims of crashes are able to obtain compensation to help cover the costs of immediate medical treatment, long-term care costs, vehicle repairs, and even help with lost wages. However, filing a claim with the insurance company of an at-fault driver can be incredibly challenging if the driver does not have insurance or does not have coverage that will provide you with the full amount of financial compensation you need.

An auto accident with an uninsured or underinsured motorist is often more complex than a crash involving a fully insured driver. If you have been injured in an accident involving a driver with little or no insurance, you can seek compensation through your own uninsured/underinsured motorist coverage.

Metro Law offers a free consultation where you can discuss your options for recovering compensation for your accident injuries. Call 973-344-6587 or contact us online for more information.

Your Options for Seeking Compensation

Most auto insurance plans have an option for uninsured and underinsured motorist coverage. You can seek compensation through your own insurance coverage. This also applies to family members who have lost a loved one in an accident and want to file a wrongful death claim.

As easy as it sounds, insurance companies rarely pay out policy limits for any auto accident — especially uninsured/underinsured motorist accidents. For this reason, it is important to work with an attorney experienced in dealing with insurance companies and their tactics to minimize accident claims.

If you have been involved in a hit-and-run accident, you may be able to seek compensation through your uninsured/underinsured motorist coverage.

How Does Uninsured Motorist Coverage Work?

If you are injured in a motor vehicle accident with a driver who does not have car insurance, you will most likely have to turn to your own insurance company to recover compensation to help with your losses and damages. Uninsured motorist (UIM) coverage is your best bet for ensuring you are able to get the compensation you need. This type of insurance coverage is usually added on to your standard car insurance policy. This coverage is only required in a handful of states, although each state does offer it.

In New Jersey, the state minimum coverage for liability insurance is as follows:

  • $15,000 for injuries suffered by a single person in a single accident
  • $30,000 to cover all injuries suffered by all parties to a single accident
  • $5,000 for property damages resulting from an accident

Despite the fact that motorists in both New York and New Jersey are required to have insurance to register and operate their vehicles, there are many cases where drivers enter roadways in vehicles that are not covered by policies. In these events, you may be able to use an uninsured motorist policy to recover compensation for the remaining damages.

Uninsured motorist coverage cannot exceed the amount of coverage provided by your standard liability insurance policy. For example, if you have $75,000 in total liability coverage for each accident, you cannot carry more than $75,000 in uninsured motorist coverage.

If you have a standard policy, your insurance may cover some of the damages to your vehicle caused by various parties. These include:

  • Any person or organization that was not covered by liability insurance at the time the accident occurred
  • Any person that had liability insurance at the time of the accident but was denied coverage for the loss
  • Any person that did not carry an insurance policy that covered the full amount of damages you sustained

If you are only covered by a basic policy, you most likely do not have adequate protection for your vehicle in the event of an accident with an uninsured driver. If you do have coverage available through your UIM policy, it is important to understand that your insurance policy will only cover resulting damages that are caused by another driver’s negligence.

Comparative negligence laws in New Jersey provide that you can only collect damages to the degree of liability that does not exceed the other driver’s in the accident. For example, if you are 20% responsible for an accident, and the other driver is 80% responsible, the policy will only provide coverage in the amount of 80% of the resulting damages. Our New Jersey car accident lawyers at Metro Law can help you better understand the coverage you have and what options are available for you.

When Can I Use UIM Coverage?

It is crucial that drivers have uninsured motorist coverage to protect them while traveling. This insurance can provide them with further compensation to cover damages resulting from an accident that involves an uninsured driver. UIM Coverage is only accessible under various circumstances. These include accidents that include:

  • At-fault drivers who are not covered by an insurance policy at the time of the accident
  • The at-fault driver whoseinsurance company disclaimed coverage for them
  • At-fault drivers whoseinsurance policies become insolvent
  • At-fault drivers who declare bankruptcy
  • Vehicles that are covered by special insurance policies
  • Hit-and-run accidents where the driver of the vehicle cannot be found

An accident with a driver who is not covered by insurance does not mean the end of the road for you or your vehicle. Seeking legal guidance can help you get the compensation you need in a timely manner.

What type of Compensation is Available?

Uninsured motorist coverage in New Jersey can provide covered parties with compensation to help alleviate some of the financial burdens they face following their accidents. Some of the damages that these policies can help you with include covering the costs of:

  • Past and current medical expenses
  • Anticipated long-term care expenses
  • Lost wages due to taking time off work to recover
  • Loss of income if your injuries leave you permanently disabled and prevent you from working
  • Wrongful death damages if the accident resulted in the death of a loved one

Your car accident lawyer from Metro Law can review your insurance policy to help identify the coverage available to you. Our team will inform you of the limits of your policy and fight to help you recover the maximum amount of compensation available for you.

Penalties for Driving without Liability Insurance

The laws of New Jersey provide that motor vehicle insurance is mandatory for every owner or registered owner of a vehicle must maintain motor vehicle liability insurance coverage. Each policy must cover against losses resulting from liability for any damage to property or people that is caused during an accident. Not only is it mandatory for vehicles to have it, but New Jersey Statute 39:6B-2 makes it a criminal offense for drivers to not have it. Drivers who are caught without insurance can face fines and other consequences. These include:

  • First Time Offense: Fines between $300 and $1,000, as well as community services and loss of driving privileges.
  • Consecutive Offenses: Fines up to $5,000 and up to 14 days in jail.

People who are repeat offenders can lose their ability to drive for up to two full years. At the end of the two-year period, drivers will be required to reapply for their license.

PIP Insurance Coverage in New Jersey

New Jersey drivers are all required to carry personal injury protection (PIP) benefits. These benefits are designed to pay for injuries that are a result of a motor vehicle accident. Considering New Jersey is a no-fault state, your personal injury protection will help cover a portion of your medical bills after being harmed. The coverage will be provided in an amount up to the specified limits of your policy.

Once you meet your limit, you can file a legal claim against the at-fault driver to recover compensation to help cover the remaining balances of medical expenses, vehicle repairs, and other damages resulting from your accident. However, filing a claim against a negligent driver can be incredibly difficult if they do not have insurance.

Uninsured Motorist Coverage in New York

In New York, drivers must purchase PIP as well as uninsured motorist (UM) coverage. This coverage is available to help protect drivers who are involved in accidents with other motorists who are uninsured or those who flee the scene of your accident.

In New York, the minimum amount of coverage available for drivers is $25,000 per person or $50,000 per accident. Although this may seem like a lot of money, victims who sustain traumatic brain injuries and other catastrophic injuries can incur this amount of medical expenses in just one trip to the hospital. Paying the remaining expenses should not be something you are burdened with.

If you purchase supplemental uninsured coverage (SUM) on top of your PIP and UM coverage, you may be able to recover additional compensation to help alleviate the costs you face following your accident. It is crucial that you meet the following five criteria to utilize SUM coverage.

  • You must provide timely notice to your insurance company
  • You must acquire a policy limit offer
  • Your injuries must exceed those of the other driver
  • You have to be an insured party on the policy
  • You must have suffered the specified losses as a result of the accident

Once you meet these five criteria, you can recover additional compensation that will help you cover the damages you face. If you do not have a UM or SUM policy, or your damages exceed the limits of all your policies, you may not be without and recourse. In these cases, you may have other options to pursue to recover compensation following your accident.

Can I Sue the Other Driver for Damages?

If you are involved in an accident with an uninsured driver, you may be able to recover some economic damages by filing a lawsuit against the at-fault driver. Suffering a serious injury in an accident provides you with the ability to pursue legal actions against the at-fault party can help you recover compensation. Some serious injuries suffered by victims include:

  • Fractures
  • Dismemberment
  • Permanent loss of use or permanent limitations of an organ, function, or system
  • Miscarriage from an accident
  • Significant disfigurements

If you decide to pursue this option, you can recover compensation to cover medical expenses, repairs to your vehicle, and compensation for various other economic and non-economic damages.

One of the best actions you can take after being involved in an accident with an uninsured driver is to seek the guidance of a skilled car accident lawyer in New Jersey. Our team can provide you with the assistance you need and you will only have to pay if we win the case.

Contact Metro Law Today

Nearly 3.1% of drivers in New Jersey and 4.1% of drivers in New York are uninsured. This percentage accounts for tens of thousands of people traveling along our roadways without adequate protection. Should you be involved in an accident with a driver who lacks insurance coverage, you need the assistance of a skilled legal team who will fight on your behalf to ensure you get justice.

Our personal injury lawyers at Metro Law have robust knowledge that will be of great value to you when it comes to protecting your legal rights. Our skilled legal team has more than four decades of experience helping victims in the metropolitan area protect their legal rights following accidents with uninsured motorists. We will help you get the justice and the compensation you need and deserve.

New York and New Jersey have varying laws in regard to these types of accidents. To find out more about the legal process specific to your state, contact a personal injury lawyer in New Jersey or New York by calling 973-344-6587 or emailing us. We offer a free legal consultation.