Both New York and New Jersey are no-fault insurance states. This means your own car insurance policy is required to cover your medical bills and other out-of-pocket expenses.
However, victims who suffer serious injuries are allowed to pursue a traditional personal injury claim against the driver or drivers who were at fault for causing the accident. In these situations, the at-fault driver’s insurance company will be responsible for paying the victim’s compensation.
Speak With A Knowledgeable Professional
New York:
- $25,000 per person / $50,000 per accident for injury (BIL)
- $50,000 per person / $100,000 per accident for death (BIL)
- $10,000 for property damage caused by any one accident (PDL)
- $50,000 for basic no-fault insurance
- $25,000 per person / $50,000 per accident for uninsured/underinsured motorist liability
New Jersey:
- $15,000 per person / $30,000 per accident for injury or death
- $5,000 for property damage caused by any one accident
- Although not legally required, New Jersey recommends that a motorist also carry $15,000 in personal injury protection and $15,000 in uninsured/underinsured motorist coverage
What Is Uninsured / Underinsured Motorist Coverage?
Despite the fact that both New Jersey and New York require motorists to carry liability insurance, there are many drivers on the road without the required coverage. What happens if an uninsured motorist causes a catastrophic accident and you are seriously injured?
This is where the uninsured motorist coverage (UM) on your own auto insurance policy can come into play. If you have uninsured motorist coverage, your own insurance company could be responsible for paying your medical bills, property damage, and provide compensation for your pain and suffering that resulted from the collision.
Underinsured motorist coverage (UIM) is similar to uninsured motorist coverage in New Jersey and New York in that it provides benefits when an at-fault driver’s policy limits are insufficient to fully compensate a victim. In some instances, if the at-fault driver has insurance, but not enough to cover your losses, UIM coverage can step in to make up the difference up to the limits of your UIM policy.
Unfortunately, insurance companies often try to pay out less than a UM / UIM claimant truly deserves, even though the claimant has paid premiums for the coverage for years. That is why it is very important to have a car accident attorney who can advocate your rights when negotiating a UM / UIM claim.
In situations where an insurance company handles a UM / UIM claim in an unreasonable way, it might be possible to bring a bad-faith claim against the insurance company. This could result in an award that exceeds the policy limits under certain circumstances.
Need Help with a UM / UIM Claim? Talk to the Ginarte Law Firm Today
If you have been injured in a New York or New Jersey car accident and you are concerned that the at-fault party’s liability insurance coverage will not cover all of your losses, you need to consult with an experienced car accident attorney to determine what legal options you may have. Insurance laws can be confusing, particularly in a situation where uninsured or underinsured motorist coverage is a factor.
The experienced accident attorneys at Ginarte Gonzalez Winograd, L.L.P., can help you get the full and fair compensation you deserve from all available sources. With over 150 years of combined experience, our personal injury lawyers have protected the rights of countless car accident victims in New York and New Jersey.
Speak With A Knowledgeable Professional