Car accidents are stressful, but the situation becomes even more complicated when the at-fault driver is uninsured or underinsured. If you’ve been injured in an accident involving an uninsured driver in New Jersey, you may feel unsure of your options for seeking compensation. Fortunately, there are ways to protect your rights and still recover damages.
This blog will guide you through the steps of filing a claim, explain how uninsured motorist coverage works, and provide tips on how a car accident lawyer can help you navigate the process.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage is a type of insurance that protects you in the event you are hit by a driver who lacks insurance. In New Jersey, all auto insurance policies are required to include uninsured motorist coverage, ensuring that drivers have some form of financial protection if they’re involved in an accident with an uninsured or hit-and-run driver.
Uninsured motorist coverage will compensate you for:
- Medical expenses resulting from injuries
- Lost wages due to time off work
- Property damage to your vehicle or personal items
- Pain and suffering, depending on your policy’s terms
Additionally, underinsured motorist (UIM) coverage protects you if the at-fault driver has insurance, but it’s not enough to cover your full expenses. This allows you to seek additional compensation beyond the other driver's insurance limits.
Steps to Take After an Accident with an Uninsured Driver
If you’re involved in a car accident with an uninsured driver, it’s important to act quickly to protect your rights. Below are the steps you should follow after the accident:
1. Seek Medical Attention
Even if you feel fine immediately after the accident, it’s crucial to seek medical attention. Injuries like whiplash or internal trauma may not be apparent right away. Seeing a doctor will also create a medical record that will be important if you file a personal injury claim.
2. Call the Police
Always report the accident to the police, especially if the other driver doesn’t have insurance. The police report will serve as an official record of the incident and provide crucial information for your claim. Make sure you get a copy of the police report for your records.
3. Collect Evidence
If possible, document the accident scene by taking photos of the damage to both vehicles, any injuries, and the surrounding area. This visual evidence will be valuable when you file a claim with your own insurance company under your uninsured motorist coverage.
4. Gather Information
Collect the other driver’s contact information, even if they don’t have insurance. Get their name, phone number, address, and vehicle details. If there are witnesses, get their contact information as well, as their statements could support your claim.
5. Report the Accident to Your Insurance Company
Contact your insurance company as soon as possible to inform them about the accident and the uninsured driver. Filing a claim promptly is critical to avoid delays in receiving compensation for your damages.
6. Consult with a Car Accident Lawyer
Navigating a claim involving an uninsured driver can be complex. Consulting with an experienced car accident lawyer will ensure that your rights are protected throughout the process. Your lawyer can help you understand your policy’s coverage, file a claim correctly, and negotiate with the insurance company on your behalf.
How Do I File a Claim with My Uninsured Motorist Coverage?
If the at-fault driver in your accident is uninsured, you will file a claim with your own insurance company under your uninsured motorist coverage. Here’s a breakdown of the steps involved in the process:
1. Notify Your Insurance Provider
After reporting the accident, your insurance company will open a claim under your uninsured motorist policy. You will need to provide them with the police report, medical records, and any other relevant evidence.
2. Document Your Damages
You will need to provide evidence of your damages, including medical bills, vehicle repair estimates, and proof of lost wages. This documentation will be used to calculate the compensation you are entitled to receive.
3. Negotiate the Settlement
Once you’ve submitted your claim, the insurance company may attempt to settle for less than the full amount of your damages. This is where a personal injury lawyer becomes invaluable. Your lawyer will negotiate with the insurance company to ensure that you receive a fair settlement.
4. Consider Legal Action
If your insurance company denies your claim or offers an unfair settlement, you may need to file a lawsuit to recover the compensation you deserve. A car accident lawyer can help guide you through the litigation process and advocate for you in court if necessary.
What Compensation Can I Recover Through Uninsured Motorist Coverage?
Your uninsured motorist coverage can compensate you for several types of damages, including:
- Medical Expenses: Coverage for hospital visits, surgeries, rehabilitation, and ongoing medical care related to your injuries.
- Lost Wages: If your injuries prevent you from working, you can recover compensation for the income you’ve lost, as well as future lost earnings if your injuries impact your long-term ability to work.
- Property Damage: Compensation for repairs to or replacement of your vehicle and any other property damaged in the accident.
- Pain and Suffering: Depending on the terms of your policy, you may also be compensated for the physical pain and emotional distress caused by the accident.
What If the At-Fault Driver Is Underinsured?
If the at-fault driver has insurance, but their policy limits are insufficient to cover your damages, you may be able to file an underinsured motorist (UIM) claim. This allows you to recover additional compensation from your own insurance policy, covering the gap between the at-fault driver’s policy limits and the actual costs of your injuries and damages.
For example, if the at-fault driver’s insurance covers up to $25,000 in damages but your medical expenses total $50,000, you could file a UIM claim for the remaining $25,000 under your own policy. Working with a personal injury lawyer can help ensure that you maximize your compensation in cases involving underinsured drivers.
Why You Need a Car Accident Lawyer for Uninsured Motorist Claims
Filing a claim involving an uninsured or underinsured driver can be complicated, especially when dealing with insurance companies that may try to minimize your compensation. A car accident lawyer can:
- Review Your Insurance Policy: Your lawyer will help you understand the details of your uninsured motorist coverage and what you’re entitled to claim.
- Gather Evidence: Your lawyer will gather evidence, such as accident scene photos, medical records, and witness statements, to support your claim.
- Negotiate with Your Insurance Company: Insurance companies often aim to pay out as little as possible. A lawyer can negotiate on your behalf to secure the maximum compensation for your damages.
- Represent You in Court: If your insurance company denies your claim or offers an unfair settlement, your lawyer can file a lawsuit and represent you in court to protect your rights.
Injured in a Car Accident? Contact Corradino and Papa, LLC – Your Trusted Personal Injury Lawyers in New Jersey
If you’ve been injured in a car accident involving an uninsured or underinsured driver, don’t navigate the claims process alone. The experienced attorneys at Corradino and Papa, LLC are here to help you file your uninsured motorist claim and fight for the compensation you deserve.
Contact us today at 973-574-1200 or through our online contact form to schedule a consultation and learn more about how we can assist with your underinsured motorist case.