New Jersey Car Accident Lawyers: Recovering Damages When the Other Driver is Uninsured
When you have been hurt in a motor vehicle accident, the first place you typically look for compensation is from the wrongdoer’s automobile insurance carrier. What happens though, if the other party is driving without insurance (or with only minimal insurance, inadequate to cover your losses)? Are you simply out of luck? The answer is generally no.
Under the no-fault insurance laws of every state, instead of going directly to the at-fault party’s insurance company for recovery, you typically file all claims with your own motor vehicle insurance company. Your insurer then seeks reimbursement from the wrongdoer’s insurer under a legal concept known as “subrogation.”
Be advised, though, that your insurer will be limited in the amount it can compensate you, based on the coverage carried by the at-fault party. If that party had adequate insurance, there shouldn’t be a problem. But your insurer will typically only reimburse you any amount that it can recover from the other insurer.
You can, however, add a rider to your insurance policy that covers the contingency of an accident involving an uninsured or underinsured driver. There is typically an additional premium for this benefit, though. Don’t rely on your insurance agent to advise you that you have coverage for UM/UIM. You are best served to have an attorney review your insurance policy.
Another potential source of recovery in such an accident–other defendants. Was there another driver involved? Was the roadway in need of maintenance? Did one of the vehicles have a defect that contributed to or caused the accident?
Contact Our Office
At the Law Offices of Harold J. Gerr, we have fought for the rights of personal injury victims in central New Jersey for more than four decades. We carefully choose the cases we handle, so that we can provide the highest levels of service and personal attention to each client. We are also happy to take over your case, if your first lawyer does not seem to have your best interests in mind..
To set us a free initial consultation, send us an e-mail or call our office at 732-537-8570 (toll free at 1-877-249-4600).
