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Uninsured and Underinsured Motorists Claims

Recovering Compensation When You Are Injured by a Driver with Little or No Insurance Giving police accident informationWhen you are hurt in a car, truck or motorcycle crash caused by the carelessness or negligence of another person, one of the first things you’ll typically do is contact the other party’s insurance provider so you can get reimbursement directly from the carrier. But what if the person who hit you has no insurance, only has insurance to cover damages to his or her vehicle, or has limits of liability that won’t begin to cover your losses? Are you just out of luck? The answer is no.

When you have sustained losses because of the wrongful acts of an uninsured or underinsured party, there are a number of avenues you can travel to pursue damages for your losses. These include:

  • A claim against your own insurance company
  • A claim against another driver, if applicable
  • A claim against a municipality or governmental body

Your Own Insurance Company

When you purchased your auto insurance policy, your agent likely offered you the option to purchase uninsured/underinsured motorist coverage. This provision is typically a rider on your policy requiring that you affirmatively opt to purchase it. If you elected to obtain coverage, your insurance provider will pay up to a certain amount of your losses, even though the other driver was at fault. If you don’t know whether you have coverage, don’t ask your insurance agent — ask a lawyer. Your insurance agent has a vested interest in paying as little as possible to settle your claim.

A Claim Against Another Driver

A third-party driver may have contributed to your accident, even though they did not collide with your car. Personal injury law allows you to recover from any responsible party, even if the degree to which that driver contributed to your accident was relatively minor. Another driver who was speeding or ran a red light may have caused or contributed to your accident, even though they avoided the accident altogether.

A Claim Against Another Third Party

If roadway signs were blocked, down or malfunctioning, you may have a claim against the municipality for improper maintenance, or against a manufacturer for faulty design or construction. You can also seek damages for other types of roadway defects that contributed to or caused your crash, such as potholes, loose gravel, poor drainage around a road or failure to post appropriate signage.

Contact Our Office

To schedule a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital if necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

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