An Accident with an Uninsured Driver

In 2011, the Insurance Research Council found that 1 in 7 drivers in this country does not have auto insurance. If you are involved in an accident with the “1,” the ramifications can be substantial.

A person who lives in a “no-fault” state will have their medical bills, lost wages (with state-to-state variations), and funeral expenses paid by their own insurance company, up to the coverage limits, regardless of who was at fault in an accident. A driver will need separate collision coverage to cover auto repairs.

In a “fault” (or “tort”) state, the at-fault driver is responsible for paying for damages and injuries to the other driver. If the at-fault driver has no insurance, you obviously aren’t going to be compensated by their nonexistent insurance company. In this scenario, you could file a personal injury claim against the at-fault driver to receive compensation for damages. However, if the at-fault driver wasn’t paying for auto insurance, it’s possible they won’t be able to pay for your damages.

Under these circumstances, your medical bills can be paid by your health insurance, and collision coverage can help you with auto repair costs. However, in both cases, you will be stuck with unmet deductible costs. As for lost wages and pain and suffering, you’re on your own.

Every driver should purchase uninsured/underinsured (UM/UIM) motorist insurance. It’s a great preventive measure to counter an otherwise dire situation. If the at-fault driver doesn’t have any, or enough, insurance to cover your damages, your UM/UIM policy will cover you up to the policy limits. It’s relatively inexpensive, so buy as much as you reasonably can.


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JACK V. CORRADINO, ROBERT C. PAPA, JR., JOSEPH A. DEFURIA, TIMOTHY J. FONSECA, AND FRANCIS J. SWEENEY III ARE ALL CERTIFIED BY THE SUPREME COURT AS CIVIL TRIAL ATTORNEYS. Corradino & Papa, LLC is located in Clifton, NJ and serves clients in and around Newark, Irvington, Harrison, East Orange, Orange, Belleville, Hillside, Maplewood, South Orange, Kearny, West Orange, Elizabeth, Glen Ridge, Bloomfield, North Arlington, Vauxhall, Union, Montclair, Millburn, Lyndhurst, Nutley, Bergen County, Essex County, Hudson County and Union County. See All Locations Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The hiring of an attorney is an important decision. The information you obtain in this website is not, nor is it intended to be legal advice. You should contact an attorney for individual advice regarding your situation. Results may vary depending on your particular facts and legal circumstances. No aspect of this advertising has been approved by the supreme court. Here are the criteria for the various awards we’ve won: Disclaimer : Results may vary depending on your particular facts and legal circumstances.

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