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I was injured in a car accident, and the other motorist was without insurance. How can I recover damages?

Under New Jersey law, automobile insurance is compulsory, and there are minimum amounts required for personal injury liability. However, the law is not always enforced. If one of the drivers is uninsured, the injured parties may have to try to obtain damages from their own insurance policies.

When the other vehicle has no automobile insurance, this is referred to as uninsured motorist coverage. When the policy covering the other vehicle is insufficient to pay for all of the injured party’s damages, this is referred to as underinsured motorist coverage. However, if the injured party has a standard policy, that party’s insurance company may cover the cost of damages to that party or that party’s vehicle that were caused by any individual or company that was without liability insurance at the time the accident occurred.

Even where there is sufficient liability insurance coverage, if the insurance company for the negligent motorist denies that the policy provides coverage, the injured party’s insurance company may pay for damages. However, if the injured party has only a basic policy, there is no protection if the vehicle is damaged due to the negligence of an uninsured or underinsured motorist.

When filing an uninsured or underinsured motorist claim, be advised that the insurance company will only pay for damages if the other motorist is determined to be legally responsible for the accident. Furthermore, according to the comparative negligence law in New Jersey, the injured party can only obtain damages if that party’s liability is not more than that of other motorists involved in the accident.

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The highly competent lawyers at Petrillo and Goldberg represent clients with personal injury claims, workers compensation claims, slip-and-fall cases and automobile accident victims. We work for you, and take our job of getting the best possible results for you seriously.

Scott M. Goldberg

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Steven Petrillo

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