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What Happens If You Are in an Accident and the Other Driver is Uninsured or Underinsured?

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If you are in an accident and the other driver is uninsured, your own car insurance may cover you. Both New York and New Jersey require drivers to buy personal injury protection (PIP), uninsured, and underinsured motorist coverage. Uninsured motorist coverage will cover your medical bills and other accident-related expenses up to the limit their policies set. If your costs do not exceed the policy limits, you will be okay, and your insurance will cover you.

In the case that your insurance does not fully cover the damages, you may still bring a lawsuit against the uninsured driver, so long as the state’s minimum thresholds are met to bring a claim. New York and New Jersey are “no-fault” states, meaning that in most cases, and in cases which do not meet the state’s statutory requirements, you will be reimbursed by your own insurance company. In New York, if dealing with a claim arising out of a car accident, you may only bring a case against the other driver if the accident results in death, dismemberment, serious disfigurement or fracture, loss of fetus, permanent or significant limitation of the use of a body organ or function, or significant disability of at least 90 days.[1] New Jersey’s statute is similar, only allowing one to bring a claim against another driver in similar circumstances.[2]

In many cases it would not be advisable to even go to trial against an uninsured driver. Even if the case is won, most payments awarded are paid out by insurance, there is no guarantee a defendant would even be capable of paying out your damages. If you are unsure of what to do and are unsure if you can bring a claim against an uninsured driver, contact us at KI Legal. We offer counsel and advice regarding personal injury claims. We can help you decide whether or not going to trial is best for you.

[1] N.Y. Ins. Law § 5102(d) (McKinney)

[2] NJ Rev Stat § 39:6A-8.



This information is the most up to date news available as of the date posted. Please be advised that any information posted on the KI Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the KI Legal team

KI Legal Personal Injury fights for victims of a wide array of personal injury claims, from Motor Vehicle Accidents to Scaffolding and Ladder Falls to Slip/Trip & Falls, amongst others. By leveraging its multidisciplinary foundation and, with the help of its experienced litigators, KI Legal Personal Injury can fight for the results and compensation that victims deserve without pushing for premature settlements due to financial reasons. This financial paradigm shift swings the pendulum in our favor when it comes to negotiating with insurance carriers, inherently leading to better results for clients. For the latest updates.

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