You have no control over who you are involved in a car accident with on the road. When the other driver does not have insurance, it can greatly complicate your efforts to obtain compensation for your injuries. Thankfully, you have the ability to turn to your own car insurance company to cover these losses. However, you may need to battle them through a difficult legal process before they will fully pay you.
Will My Personal Injury Protection Cover My Losses?
New Jersey has “no-fault” coverage in car accident cases. Regardless of whether the other driver had insurance or if they were at fault for the accident, you can expect your own car insurance company to cover certain losses up to the amount of your no-fault limit. The amount of “Personal Injury Protection (PIP)” that you have depends on the coverage that you bought when you purchased the policy. Personal injury protection covers your ‘economic’ losses associated with the car accident, including lost wages and medical bills.
If you have suffered a serious injury in an accident that was the other driver’s fault, you would turn to your own insurance coverage to pay for all of your damages. New Jersey law makes it mandatory for car insurance companies to offer uninsured and underinsured motorist coverage to their customers. You have the option of purchasing this coverage, as it is not automatically included in a basic policy. Hopefully, you are prudent and purchased the same amount of uninsured motorist coverage as you have for other types of car accidents.
You Must Report the Accident to the Police and Your Own Insurance Company
The first thing that you need to do if you have been hit by an uninsured driver is to report the accident to the police. You should have an official record written by a police officer that shows that the other driver in your crash did not have insurance. This is true whether the other driver stopped at the scene of the accident or you were the victim of a hit-and-run crash. You must show your insurance company that they have an obligation to cover your car accident damages because the other driver did not have insurance. You must also report the accident to your own insurance company because you are counting on them to pay.
Then, you should hire a car accident lawyer to represent you in the legal process. You may think that your own insurance company may cut you a break and deal with you fairly because you are their customer. However, customer loyalty does not play a role when insurance companies owe you money. It does not matter that you have been a loyal customer and have been paying premiums to the insurance company for years. Any insurance company goes into self-preservation mode when you are seeking their money.
Does My Insurance Company Make the Claims Process Easier With an Uninsured Motorist?
Even when you file an uninsured motorist claim, you must have proof of liability before you can recover full damages for the accident, including the pain and suffering that you have endured. Your own insurance company still needs to see proof that the other driver was at fault before they will make a full payment for your damage.
When your insurance company accepts liability to pay you pursuant to your uninsured motorist coverage, you must still negotiate the actual amount of compensation with them. You can expect to receive lowball settlement offers that you would need to reject. Your car accident lawyer continues to negotiate on your behalf until the insurance company offers you a full settlement for all of the harm that you have suffered. If it is necessary, your car accident lawyer may even sue your own insurance company in court for their failure to either cover your losses or fully pay for your damages.
Contact the Experienced Monmouth County Car Accident Lawyers at Mikita & Roccanova, LLC if You Have Been Injured by an Uninsured Driver
The Monmouth County car accident lawyers at Mikita & Roccanova, LLC can fight for your legal rights if you have been injured in a motor vehicle crash. For a free consultation, call today at 732-705-3363 or contact us online. With office locations in Hazlet and Highland Park, New Jersey, we proudly serve clients in Ocean County, Sussex County, Neptune, Middlesex County, and Pennsylvania.