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Uninsured Motorist Coverage in New Jersey

Drivers after the car accident

According to the New Jersey Motor Vehicle Commission, all vehicles registered in this state require mandatory insurance. There are three types of insurance:

  • Liability insurance (pays others for damages if you caused the accident)
  • Personal injury protection or PIP (pays medical expenses no matter who is responsible for the accident)
  • Uninsured or underinsured motorist coverage (protects you if the person that caused the accident doesn’t have proper insurance coverage)

The minimum amounts of uninsured or underinsured motorist coverage motorists are required to purchase are $15,000 per person, $30,000 per accident, and $5,000 for property damage. Motorists may buy higher limits, which we highly recommend. But, your uninsured motorist coverage limit may not exceed your policy’s liability coverage limit.

Uninsured or underinsured coverage is also available in increments of $150,000 – $250,000 per person and even $500,000 per accident, as well as other amounts. The more uninsured or underinsured coverage the motorist has, the better. This way, motorists can be protected in case they are involved in an accident with someone that has no insurance or inadequate insurance.

However, according to the Insurance Research Council, more than 10% of motorists in New Jersey are not insured.

If you are injured in an accident in New Jersey, you usually make a claim under your Personal Injury Protection (PIP) coverage. That results in your insurance company paying for medical bills and other losses and expenses associated with the injury.

But, what if the driver who caused the accident left the scene or was uninsured? In that case, you can sue your insurance company. The lawsuit can lead to the insurance company paying for costs not covered under PIP, compensation for damages, wrongful death damages, lost wages due to missing work, including expenses that exceed the policy limits.

If you have been injured in an accident caused by a negligent driver, don’t hesitate to contact us. Lawyers at Gencarelli and Rimassa Law Firm, LLC, will make sure that the best interests of our clients are zealously advocated and protected. Our lawyers are experienced in helping victims of negligence obtain the compensation they are entitled to.

How does uninsured motorist coverage work?

Uninsured motorist coverage protects you in case of an accident with a driver who doesn’t have insurance. That is also the case if the driver’s policy limits don’t cover the damages you suffered in the accident.

Uninsured motorist coverage can also be used in case the at-fault driver’s insurance company disclaims coverage or declares bankruptcy.

When filing an Uninsured Motorist Claim, it is important to know that under New Jersey’s Comparative Negligence law, the fault for the accident can be assigned to multiple parties, even the injury victim. Liability is assigned in terms of a percentage of fault that each driver had in causing the accident.

Because of that, your insurance company can reduce the settlement by any percentage of fault that may be attributed to you. Also, if you want to obtain compensation, you can’t be more than 50 percent at-fault for the accident.

If you want to make an uninsured motorist claim, it is crucial to contact your insurance company as soon as possible. However, in these situations, insurance companies tend to pay less than they should or deny legitimate claims. Auto Accident Attorneys at Gencarelli and Rimassa Law Firm, LLC, can help you identify uninsured motorist coverage policies that apply so that you can receive the full amount from your coverage.

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