Traffic accidents with injuries, always traumatic, are particularly disturbing when the at-fault party is uninsured or underinsured. If you are the victim of such an accident in New Jersey and fear you won’t be able to receive the compensation you need and deserve, turn to the experienced legal team at Nagel Rice, LLP.
Our accident attorneys are not only highly skilled lawyers but compassionate advocates. Over our four decades in practice, we have successfully won over $1 billion in damages for clients throughout New Jersey. More than that, we understand that the nature of your predicament is financial as well as physical and emotional, and we will not charge you any attorneys’ fees until we recover damages.
Uninsured & Underinsured Drivers Are All Too Common
It is estimated that over 12 percent of drivers on American roads are uninsured or underinsured. Worse, because these drivers are [1] undoubtedly aware that they are breaking the law and [2] probably lacking in funds to purchase insurance, they are more apt to be negligent about car maintenance and repairs, and more apt to be driving recklessly. This unfortunate combination of factors makes it more likely that their vehicles will put you and other drivers at risk.
Mandatory PIP in New Jersey
In New Jersey, all vehicle owners are required to carry personal injury protection (PIP) as part of their auto insurance policy. This mandatory coverage is designed to ensure that medical expenses are covered for you and your passengers, regardless of who is at fault in an accident.
As of 2024, the minimum PIP coverage required by New Jersey law is $15,000 per person, per accident. However, you may choose a PIP option with greater coverage. Also, even if you have lower coverage, if you suffer a severe brain or spinal injury, your limit may automatically jump to $250,000 until you are stabilized. Notably, there is also a standard deductible of $750 for PIP in New Jersey.
It is crucial to understand that while PIP provides necessary medical coverage, it does not compensate for pain and suffering or other non-economic damages, which may make it essential to pursue further claims through a personal injury lawsuit. This is why consulting with a sharp accident attorney as soon as possible after a car accident is so important.
Accidents With Uninsured Drivers in New Jersey
Accidents involving uninsured drivers pose a significant challenge in New Jersey. While an uninsured driver is committing a crime for which there may be penalties, their victims worry about how they will cover their losses. Thankfully, New Jersey’s uninsured motorist (UM) coverage can provide relief in precisely such situations.
A mandatory part of every auto insurance policy in the state, UM offers protection when the driver whose negligence has caused the accident is uninsured. UM coverage can compensate for damages up to the limits of your own policy, helping cover costs that PIP does not, including pain and suffering.
Accidents With Underinsured Drivers in New Jersey
Accidents involving underinsured drivers, in which the at-fault driver’s liability limits are too low to cover the full extent of the damages caused, are also daunting. Underinsured motorist (UIM) coverage, however, which is also a required part of auto insurance in New Jersey, is helpful.
UIM coverage is designed to bridge the gap between the at-fault driver’s insurance limits and the actual costs of your damages up to the limit of your own UIM policy. This makes it a necessary safeguard for receiving adequate compensation.
Can I Sue a UM/UIM Motorist?
In New Jersey, the ability to sue an uninsured or underinsured motorist depends on the specifics of the accident and the coverage options you have chosen. Typically, your UM/UIM coverage is the primary source of compensation. However, if your damages exceed the available insurance coverage, legal action may be necessary. Whether this is feasible may depend on which type of auto insurance policy you opted for. Whether you purchased a limitation on lawsuit policy or a no-limitation on lawsuit policy will affect your right to sue for pain and suffering.
How Our UM and UIM Accident Attorneys Can Help
Navigating the aftermath of an accident with an uninsured or underinsured driver can be overwhelming, but you do not have to face it alone. At Nagel Rice, our personal injury attorneys specialize in UM and UIM claims. Our team is dedicated to ensuring that you understand your rights and options under New Jersey law. We are adept at exploring every avenue for compensation, from negotiating with your insurance company to pursuing litigation.
Once you become our client, we will:
- Thoroughly investigate your case, including all medical records and histories of any previous misconduct of involved parties
- Interview witnesses
- Determine liability
- Negotiate with your insurance company
- Consult with experts whose testimony will bolster your case
- File a lawsuit if possible
- Represent you at trial to recover maximum compensation
Injured in a UM or UIM Accident in New Jersey? Contact Us Today
You have only to take a look at our track record of successful outcomes to realize that we are thoroughly dedicated to empowering those we represent. If you or someone you love has been involved in an accident with an uninsured or underinsured driver in New Jersey, the sooner you seek the legal guidance of our experienced attorneys, the sooner you will feel the confidence that comes from dealing with accomplished, caring professionals.
Nagel Rice LLP helps its clients throughout New Jersey, including Roseland, Bergen County, Essex County, Middlesex County, Monmouth County, Morris County, Passaic County, and Sussex County. We also represent clients in New York.