The fact that the other driver involved in your car accident did not have insurance does not keep you from being paid for your injuries. The legal process that you would need to follow would be different. You would be dealing with your own insurance company to receive compensation and a settlement check. You can never fully trust your own insurance company, and you still need a knowledgeable car accident lawyer to represent you in the legal process.
The No-Fault Car Accident System in New Jersey
New Jersey is one of the states that applies no-fault principles to car accidents. You do not need to prove the other driver’s fault, nor do they even need to have insurance for you to be able to receive some compensation for your injuries. Your own insurance company would need to pay your medical bills and lost wages, as well as other ‘economic’ damages from your car accident. However, the no-fault system limits coverage to the amount of your policy limit, and you cannot be paid for ‘non-economic’ damages.
Uninsured Accident Coverage on Your Policy
Uninsured motorist coverage is included as part of your car insurance policy in New Jersey. If you have purchased a standard car insurance policy, there would be a certain minimum amount of uninsured motorist coverage included in your contract. However, you would have to purchase additional uninsured motorist coverage to go beyond the initial amount. The hope is that you were prudent, and you bought the same amount of coverage as you have for accidents with other drivers. New Jersey insurance companies are legally obligated to allow you to have the opportunity to purchase uninsured motorist coverage up to a certain amount.
How Do I Receive Compensation if I Was Involved in an Accident With an Uninsured Driver?
Your own insurance company is responsible for paying claims related to your uninsured motorist policy. You would file a claim with your insurance company, the same as you would with that of the other driver when they have coverage. Your claim would need to meet the same requirements for you to receive compensation. In other words, you would have to prove negligence as the basis of your case. If you cannot show that the other driver was at fault for the accident, you would not be compensated.
I Pay My Premiums, But Will My Insurance Company Take Care of Me?
The fact that you may have been a loyal customer of your car insurance company for years means nothing when it comes to filing an uninsured motorist claim. When you want the insurance company’s money, you are just the same as any other person, no matter how many years you have been with them. You can expect your own insurance company to pay a very discerning eye to your claim, potentially denying it entirely or even trying to blame you for the accident. Then, you can expect the same low settlement offers that you would receive from any other insurance company, notwithstanding the fact that you think that you are entitled to loyalty.
Do I Need a Lawyer for an Uninsured Motorist Claim?
Yes, you would be better off financially if you sought help from a car accident lawyer. You may face the same legal challenges with an uninsured motorist claim as you would in any other type of car accident case. You have a legal right to compensation, which needs to be protected, and a car accident lawyer can fight to ensure that outcome. Your car accident lawyer will deal with your own insurance company on your behalf, addressing any questions and fighting for you to receive full compensation for your injuries.
Contact the Atlantic City Car Accident Lawyers at D’Amato Law Firm if You Have Questions on How to Handle Your Car Crash Claim
If you have been involved in a crash with an uninsured driver, get legal help from the Atlantic City car accident lawyers at D’Amato Law Firm. Even if you are dealing with your own insurance company, you cannot approach them unrepresented by a lawyer. To schedule a free consultation, call us today at 609-926-3300 or submit our online form. Located in Egg Harbor Township, New Jersey, we proudly serve clients in Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, Woodbury, and South Jersey.