Your Options When Injured by an Uninsured Motorist

Strategies for Recovery for Your Losses

In the aftermath of a motor vehicle accident, one of the first things you typically do is gather insurance information from the at-fault driver. In New Jersey, with its no-fault insurance laws, motorists are required to purchase uninsured and underinsured motorists coverage, even though all claims in the state are filed through the injured party’s insurer. Typically, your insurer will cover your claims and then seek reimbursement from the at-fault party’s insurer through a process known as subrogation. If you have coverage for uninsured motorists, you can even recover benefits under the policy if you are hurt by a hit and run driver.

There are also other avenues that you may be able to pursue, based on the circumstances of the crash:

• If the other driver was impaired or under the influence of alcohol at the time of the crash, and you can identify who served the alcohol, you may have a dram shop or social host liability claim
• Were there defects in the roadway, such as potholes, loose gravel or wet/slippery surfaces? Were there traffic signs that were down, not functioning or blocked by trees or shrubs? Was the roadway poorly designed, with improper banking, turns that are too sharp or improper drainage? You may have a claim against the municipality responsible for maintaining the roads.
• Was the accident caused by a breakdown of one of the vehicles, or by a dangerous or defective part? If so, you may be able to pursue damages based on a theory of product liability.

Contact Attorney Howard D. Popper

To learn your options when you have been injured because of someone else’s carelessness, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all motor vehicle accident injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.