New Jersey has no-fault insurance laws that require car accident victims to file compensation claims against their own insurance company, regardless of who caused the car accident. However, their insurance company may seek to recover compensation for their payout from an at-fault provider’s insurance. Additionally, many New Jersey drivers carry insurance with special allowances for filing lawsuits against an at-fault driver when damages for property damage, medical expenses, lost wages, and pain and suffering far exceed their insurance coverage. But what happens when a careless, or reckless driver causes a car accident and they don’t have insurance or their policy has lapsed? What are the options after an uninsured driver accident in New Jersey?
Uninsured Driver vs. Underinsured Driver
When an accident victim’s damages are substantial, they may seek compensation from the at-fault driver’s insurance. Sadly, some drivers fail to carry adequate insurance coverage. An underinsured driver is one who carries only the minimum required insurance coverage which may not provide enough compensation for extensive damages. In other cases, a driver may have no insurance at all or they may have inadvertently allowed their policy to lapse. Under these circumstances, the injury victim may require legal counsel and guidance to find other options available for personal injury compensation in Cherry Hill.
What Other Options Are Available After an Uninsured Driver Accident in New Jersey?
Unlike some states, New Jersey requires all drivers to carry uninsured, underinsured motorist coverage in addition to New Jersey’s basic required coverage. This policy can provide up to $30,000 in financial compensation for accident-related expenses that exceed an injured motorist’s basic coverage. Other options include seeking compensation from collision coverage or a lawsuit against the at-fault driver. Depending on the circumstances of the accident, an injury victim could also file a claim against a negligent road maintenance or planning agency if a road hazard caused or contributed to the accident. In some cases, a lawsuit against the manufacturer of a defective auto part might be possible if a defective or malfunctioning auto part caused or contributed to an accident. In that case, recovering compensation requires a defective product claim against the manufacturer.
What Kind of Compensation Can I Receive?
A successful car accident claim brings injury victims compensation for common car accident damages. “Damages” are the economic and non-economic consequences of an accident with injuries. Common damages recovered include the following:
- Property damage
- Medical expenses
- Future medical expenses for ongoing accident-related care
- Reimbursement for lost wages
- Future income loss
- Diminished future earning capacity
- Pain and suffering compensation
- Compensation for other non-economic damages like disfigurement, dismemberment, or the loss of an organ or one of the senses
A Cherry Hill traffic accident attorney explores all avenues for compensation after an uninsured motorist accident to determine the best way forward for the maximum payout to recover losses.
How Can a Car Accident Attorney Help?
An accident with extensive damages and an uninsured at-fault driver requires careful handling to recover an injury victim’s losses. Call Cuneo & Leonetti, the New Jersey car accident lawyers with an in-depth understanding of all legal options available for compensation.