Uninsured and Underinsured Motorist Benefits in New Jersey
Uninsured and underinsured motorist coverage is extremely important when you are involved in an accident with another driver who either does not have an auto insurance policy (uninsured) or does not have an auto insurance policy with limits that can sufficiently compensate for the costs associated with your injuries (underinsured). In New Jersey, The Uninsured Motorist Act requires all types of motor vehicle liability insurance policies to include what is known as “Uninsured Motorist Coverage” to protect the interests of insured individuals who are injured during motor vehicle accidents. When you are involved in an accident with an uninsured or underinsured driver, enlisting the expertise of an experienced personal injury attorney may prove to be the single best decision that you make during this trying time.
In order to collect underinsured or uninsured motorist benefits in New Jersey, you are required to prove that the other driver involved in the accident was more at fault than you, as provided in New Jersey’s Comparative Negligence Law. You must also establish that you sustained serious bodily injury as a result of the accident. Then, if the other individual’s insurance coverage does not completely compensate for your damages, his or her insurance company must compensate you to the maximum liability limits of his or her policy. The amount left unpaid is then transferred to your own insurance provider, who is then held responsible for paying the remaining damages from your policy’s Underinsured Motorist Coverage.
Unfortunately, these burdens are often difficult to prove without the assistance of a skilled personal injury attorney. In order to formulate a strong argument to this effect, and to obtain the monetary compensation you deserve, it is crucial to consult with a knowledgeable legal professional. Finding an experienced personal injury attorney who can thoroughly review your case is often the first step toward obtaining just compensation for your injuries. The attorneys at Chamlin, Rosen, Uliano & Witherington are extremely experienced representatives for individuals who have sustained injuries as a result of a motor vehicle accidents in New Jersey. Do not delay in contacting them at 732-440-3950 for a free consultation.
New Jersey Uninsured and Underinsured Motorist Insurance
If you have a Standard Auto Insurance Policy, your insurance provider must compensate you for damages to your vehicle that are caused by any person or organization who:
- Does not have liability insurance at the time of the accident
- Has adequate liability insurance but whose insurance company denies that they have enough coverage to compensate for your loss; or
- Does not have sufficient insurance coverage to compensate for the full amount of damages that you incurred
The coverage threshold for Uninsured Motorist Coverage for a Standard Policy is a minimum of $15,000 per person, $30,000 per accident, and $5,000 for property damage caused by the accident. In addition, policyholders may opt for further uninsured and underinsured motorist coverage with split limits of $250,000/$500,000 or a single limit of $500,000 (not to exceed the liability limits of the policy). Split Limits divide insurance coverage among each individual involved in a motor vehicle accident, while a Single Limit applies one sum to the accident as a whole.
If you have a Basic Auto Insurance Policy, you do not have any protection if your vehicle is damaged by either an uninsured or underinsured driver. The minimum limit for Uninsured/Underinsured Motorist Property Damage coverage is $5,000 but you are provided with the opportunity to purchase additional coverage. However, in under no circumstances can your Uninsured/Underinsured Motorist Coverage limits be higher than your own Liability Coverage limits.
Uninsured and Underinsured Car Accidents in New Jersey
The law firm of Chamlin, Rosen, Uliano & Witherington unites experience with compassion, with attorneys who serve as passionate legal advocates for each of their clients. If you have been involved in a motor vehicle accident in New Jersey or if you are a New Jersey resident who was involved in a motor vehicle accident in another state, contact us online or call 732-440-3950 as soon as possible for a free consultation.