Full and Fair Compensation When the Other Driver Is Uninsured

When you have been hurt in a motor vehicle accident, one of the first steps you typically take is to obtain information about the other driver’s insurance coverage, so that you can recover compensation from their carrier for your losses. What can you do, however, if the other driver has inadequate insurance (either no coverage for bodily injury, or insufficient policy limits), or has no insurance coverage at all? There are options, but your interests are best served by retaining an experienced attorney. We can help.

At the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, we bring more than 25 years of experience to people who have suffered needless injury because of the careless or negligent acts of others. We offer a free phone consultation to every new client. Call us at 973-898-0161 or contact our office online for a private meeting.

Uninsured Motorists Coverage

When you purchase a policy of insurance on your own vehicle, your agent will likely offer you the option to add a rider to your policy, providing additional coverage to you in the event an at-fault driver does not have insurance coverage or has insufficient coverage. This is known as uninsured motorists’ coverage. You may be uncertain whether you have such coverage, and your insurance agent may not be in a hurry to confirm that you do. An experienced lawyer will be able to review your policy and identify whether such coverage exists.

It is important to understand that the process of recovering under an uninsured motorists’ clause may not differ appreciably from recovery when the other driver is insured. Typically, you will file a claim with your insurer, who will seek reimbursement from the other carrier under a legal process called subrogation. With an uninsured motorists’ provision, your insurer will pay you directly but will not have any reimbursement claim. Your claim will also be limited to the amount available under your policy.

There may be other options available:

• If the accident was caused by a defective part in a motor vehicle, you can file suit against the manufacturer, designer or distributor of the part.
• If the accident was caused by a roadway defect, or by hazardous conditions on the road, you may be able to recover compensation from the municipality required to maintain the road.
• You can file suit and obtain a judgment personally against the defendant.

Contact Us

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.