Uninsured and Under-Insured Drivers in New Jersey

Source:Law Article         Published:2010-03-03         Access:469
Uninsured and Under-insured Drivers
If a driver refuses to carry the necessary auto insurance he puts more than just himself at risk. Insurance will not be adequate to cover all damages incurred by an accident caused by an uninsured or under-insured driver. The injured party's own insurance companies may cover their damages; uninsured and under-insured motorist coverage will protect accident victims in these cases. It is essential to contact an attorney to create a plan of action if you have been involved in an accident with an uninsured or under-insured driver.
Uninsured Drivers
Uninsured motorist coverage will step in to protect you in the case of an accident with a driver who does not have insurance, or if you are injured in a hit-and-run accident where the driver cannot be identified.
In New Jersey, auto insurance companies are required to offer uninsured motorist coverage. If you chose to include this coverage in your policy then your insurance company will act as if the at-fault driver's insurance company is compensating you for your losses.
It is smart to consult an attorney before filing an uninsured motorist claim. Your interests and your insurance company's interests may conflict in this situation.
Under-insured Drivers
The at-fault driver's insurance policy may not provide enough coverage for all damages you incurred if he is under-insured. You may be able to collect damages that exceed the at-fault driver's coverage from your own insurance company if you carry under-insured motorist coverage.
Collecting Benefits
In order to collect benefits under an uninsured or under-insured policy you will need to prove that the other driver was at fault. You will also need to show that your bodily injuries were significant. You will need to collect as much as possible from the other driver's insurance company before collecting any benefits under your under-insured driver policy.
Stacking Coverage
You may be able to collect more money by stacking coverage from more than one policy or more than one car on a single policy.
Consult with an Attorney
Uninsured and under-insured coverage can protect you when you need it most. However, your approach to the situation can affect the level of compensation you receive. It is important to speak to an attorney who has experience in dealing with these types of insurance claims to get the compensation you are entitled to.
ABOUT THE AUTHOR: Randolph Wolf
Randolph Wolf, one of New Jerseys most experienced accident attorneys, will work with you to get fair compensation for your accident case. We generally take accident cases on a contingency basis this means we will work on your case without any up front fees. We only get paid if and when we are successful in obtaining a settlement for you. Your compensation can include payment for medical bills, injuries, disability, pain and suffering, loss of wages, and emotional distress. To win a fair settlement, hire an experienced accident attorney like Randolph H. Wolf; you cant afford not to.
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