If you have been in a car accident and the other driver is to blame, you assume the other driver’s insurance company will take care of the damages you sustained. But what if the other driver does not have any car insurance? In this case, you will file a claim under your own uninsured motorist car insurance coverage.
What is uninsured motorist insurance coverage?
The uninsured motorist coverage provision of your car insurance policy pays for any physical injuries and/or property damage expenses that you sustained in a car accident when the other at-fault driver does not have automobile liability insurance. In New Jersey, if you have a standard insurance policy, your insurance company may pay for damages to your vehicle caused by any person or entity who did not have liability insurance at the time of the accident, minus your policy deductible. It is important to note that the insurance company will only pay your uninsured motorist claim if the other driver was legally responsible for the accident.
New Jersey’s “shared fault” laws
In most car accidents, the at-fault driver will argue that you are at least somewhat responsible for the accident. If this is true, and more than one driver is liable for the car accident, then New Jersey’s “shared fault” laws come into play. The state of New Jersey follows a “modified comparative negligence rule”. Modified comparative negligence means that whatever compensation that you would receive for the injuries you sustained in the car accident will be reduced by an amount that reflects your level of responsibility for the car accident. For example, if you share 30% of the responsibility for the accident, your compensation will be reduced by 30%. If you are more than 50% responsible for the accident, then you are not entitled to receive any compensation from the other driver.
When you have been involved in a car accident, it can be traumatic and result in injuries, pain and suffering. When the other driver does not have any auto insurance, the situation quickly becomes more complicated. At Lomurro Law, our dedicated team of New Jersey accident attorneys has been serving New Jersey families for more than 130 combined years. To schedule a confidential consultation to discuss your car accident case, contact our office at 732-482-9285 or online.