How to Handle a Car Accident Involving an Uninsured or Underinsured Driver?

Being involved in an accident with an uninsured or underinsured motorist adds a new layer of complication to your motor vehicle crash claim. However, do not assume that you will end up with nothing or less compensation than you deserve. Your own car insurance company would step in under the terms of your contract with them, and they would either cover your claim or make up for any shortfall. First, you should contact an experienced car accident lawyer to help you deal with the insurance company.

You Have Likely Purchased Uninsured and Underinsured Motorist Coverage

Under New Jersey law, it is mandatory for car insurance companies to offer you uninsured and underinsured motorist coverage. You must purchase This optional coverage as part of your policy. Most drivers will include this as part of their policy because you cannot control who you are involved in an accident with on the road. The other driver may not have insurance at all, or they may have a bare-bones policy to afford the skyrocketing car insurance rates that currently plague New Jersey drivers.

Get Documentation of the Car Accident

If you have been involved in an accident with an uninsured driver, it is crucial that you call the police from the scene of the accident to document that fact. Usually, you would exchange contact and insurance information at the scene of the crash, but you would need proof that the other driver did not have insurance. The other driver may offer you money at the scene of the accident to make the case go away, but you should never accept it from them. You would likely be able to obtain far more when you file an insurance claim.

You Need to Deal with Your Own Insurance Company

You would also need to contact your insurance company to report the accident in the days afterward so they know the situation. When you speak to your own insurance company, you should be very careful because your claim may eventually be against them.

Your car insurance coverage may kick in when there is no other coverage or the driver does not have a large enough policy to cover your damages. If the driver had insurance, their car insurance company would be the primary payer for your car accident, assuming you can prove they were to blame. Once that coverage is exhausted, you would then turn to your own car insurance company to make up for the balance of damages.

Your Own Insurance Company Can Be Challenging

You would handle a car accident involving an insured or underinsured driver much like you would deal with any other type of crash. However, you are dealing with your insurance company instead of the other drivers. Do not think your insurance company will handle the claim differently, even though you are their customer. Any type of claim involves the insurance company paying out money, which can be difficult. Therefore, you need a car accident lawyer for an underinsured motorist claim, the same as in any motor vehicle accident.

You still need to prove fault to qualify for financial compensation in a car accident. You would need evidence of negligence to be in a position to receive a settlement for your car accident injuries. You could discuss financial compensation once you prove that the other driver was to blame for the accident. You would be entitled to economic and non-economic damages you suffer because of the other driver’s negligent actions.

Contact a Manasquan Car Accident Lawyer at Kitrick, McWeeney & Wells, LLC

A Manasquan car accident lawyer at Kitrick, McWeeney & Wells, LLC can help you assess your legal options after you have been injured in a motor vehicle crash. You can schedule a free initial consultation with one of our attorneys by messaging us online or calling us today at 732-920-8383. Our offices are in Manasquan and Brick, New Jersey, and we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.