New Jersey Uninsured & Underinsured Motorist Claims

How UM / UIM Claims Can Make the Difference

If you have been injured in an accident involving a driver who doesn’t have insurance, you don’t have the option to file a claim against their insurance. That doesn’t mean you are out of options, however!

In the state of New Jersey, drivers can obtain Uninsured / Underinsured Motorist coverage and file a UM / UIM claim with their own provider. If you have UM coverage and want to make sure you are given proper compensation under your policy, talk with Levinson Axelrod, P.A.

Remember, even though you are the policyholder, the insurance company is always focused on their bottom line. Their goal is to minimize the amount of damages they dish out, which means you need an advocate who is on your side.

When Can I File a UM Claim in New Jersey?

Just like any other accident, you can only obtain benefits from an Uninsured Motorist claim when you can prove that the uninsured driver is truly at fault. Since your insurance company will essentially be standing in the shoes of the other driver, you must be able to present evidence that the uninsured driver is liable.

It is important to keep the following in mind:

• You will likely have to pay a $500 deductible for any property damage claims.
• Your claim will only be paid if the other driver was legally responsible for damages.
• You can only collect damages if your degree of liability is less than the other driver’s.

The last statement is the most impactful for your case. Under New Jersey’s Comparative Negligence law, your degree of liability must not exceed that of the other driver’s in the car accident in order for you to collect any damages. That means if you are partially at fault, you should make sure you demonstrate that the other driver carried more of the fault. Having an advocate who knows how to do this through the law is crucial.

What if the Other Driver is Underinsured?

Underinsured Motorist coverage can make the difference when a negligent driver’s policy limit is too small to cover the extent of the damages. When you have UIM coverage, you are only eligible to obtain damages through UIM benefits if your coverage limits are higher than the Liability Coverage limits of the at-fault driver.

When you turn to Levinson Axelrod, P.A., we help by:

• Gathering evidence to prove the other driver’s fault
• Proving your negligence does not exceed the other driver’s
• Communicating with the insurance company on your behalf
• Handling all claims and filings so you don’t have to
• Ensuring you get maximum compensation through your UIM policy

We know that this can be a very stressful time. You may be concerned that you won’t be able to get the medical treatment you need or may even have to pay for expenses out of pocket. The good news is that a UIM claim may be able to make up for the difference between your expenses and the other driver’s liability coverage. Our New Jersey car accident attorneys can explain more when you call to discuss your case.