In the unfortunate event that you have been involved in an accident with an uninsured driver in New Jersey, you may be unsure of your options for seeking compensation. Please continue reading as we explore how uninsured motorist coverage works and how a determined Essex County Auto Accident Attorney can assist you during these tough times.
How Should I Proceed if the Other Driver is Uninsured?
First and foremost, it’s crucial to understand that as long as you have insurance, you will be provided some coverage in these matters. In New Jersey, all motorists are required to have insurance that includes liability and personal injury protection (PIP) coverages.
All auto insurance policies in the state are required to include uninsured motorist coverage. This ensures that motorists have some form of financial protection in the event they are involved in an accident with an uninsured or hit-and-run driver. This can help cover medical expenses, lost income, property damage, and pain and suffering depending on your policy’s terms. New Jersey’s minimum liability insurance coverage is $15,000 per person, $30,000 for injury or death to more than one person, and $5,000 for property damage. You should note the state’s minimum liability insurance coverage may not be enough in a severe collision.
If your uninsured motorist coverage doesn’t cover the full extent of the damages you have suffered in an accident, you can pursue a personal injury claim against the at-fault driver. Before taking legal action, it’s in your best interest to consult an experienced attorney who can help you understand your rights, gather evidence, and fight for the best possible outcome.
What Damages Can I Seek in a Personal Injury Claim?
When you are involved in a car accident with an uninsured driver, it’s imperative to understand the damages you may be able to recover if you decide to pursue legal action. Generally, you can seek compensation for your economic and non-economic damages. These funds are designed to reimburse victims for the actual losses they incurred due to the actions of another party, aiming to place the victim back in the position they would have been in had the harm not occurred. Essentially, they are not intended to punish the defendant.
Economic damages reflect quantifiable financial losses, which can include medical bills, lost wages, property damage, and any other out-of-pocket expenses. Non-economic damages, on the other hand, reflect intangible losses that are more difficult to prove. These funds aim to compensate for the subjective impact of an injury on a plaintiff’s quality of life, such as pain and suffering, mental anguish, loss of enjoyment of life, or disfigurement.
It’s important to note that New Jersey is a modified comparative negligence state. This means you can recover damages as long as you are less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault. If you are more at fault than the other party, you will be barred from recovering compensation. As such, you should connect with an experienced attorney who can help you recover the full and fair compensation to which you are entitled.
At the Law Offices of Christopher, T. Howell, Esq. we are prepared to guide you through each step of the personal injury claims process. Contact our firm today to discuss your legal options.
