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New Jersey Uninsured & Underinsured Motorist Claims

UM / UIM Injury Claims After an Auto Accident

All motorists are required by law to carry a minimum amount of auto liability insurance so they can compensate any victims they harm in preventable accidents. According to a 2021 study by the Insurance Resource Council, however, as many as 1 in 8 motorists are uninsured.

When drivers don’t have auto insurance or enough auto insurance, they can put victims at serious risk of not being able to pay for the medical care they need and for facing tremendous financial strains.

Fortunately, there may be options for recovering needed compensation after an accident with an uninsured or underinsured driver, including claims filed with your own insurance company under a UM / UIM policy. Our New Jersey attorneys at Levinson Axelrod, P.A. can help explore your options for a financial recovery.

How UM / UIM Claims Can Make the Difference

If you have been injured in an accident involving a driver who doesn’t have insurance, you don’t have the option to file a claim against their insurance. That doesn’t mean you are out of options, however!

In the state of New Jersey, drivers can obtain Uninsured / Underinsured Motorist coverage and file a UM / UIM claim with their own provider. If you have UM coverage and want to make sure you are given proper compensation under your policy, talk with Levinson Axelrod, P.A.

Remember, even though you are the policyholder, the insurance company is always focused on their bottom line. Their goal is to minimize the amount of damages they dish out, which means you need an advocate who is on your side.

With 80 years of experience, our New Jersey lawyers can help you fight for a financial recovery! Tell us about your accident during a FREE consultation.

When Can I File a UM Claim?

Just like any other accident, you can only obtain benefits from an Uninsured Motorist claim when you can prove that the uninsured driver is truly at fault. Since your insurance company will essentially be standing in the shoes of the other driver, you must be able to present evidence that the uninsured driver is liable.

It is important to keep the following in mind:

You will likely have to pay a $500 deductible for any property damage claims.
Your claim will only be paid if the other driver was legally responsible for damages.
You can only collect damages if your degree of liability is less than the other driver’s.

The last statement is the most impactful for your case. Under New Jersey’s Comparative Negligence law, your degree of liability must not exceed that of the other driver’s in the car accident in order for you to collect any damages. That means if you are partially at fault, you should make sure you demonstrate that the other driver carried more of the fault. Having an advocate who knows how to do this through the law is crucial.

What if the Other Driver is underinsured?

Underinsured Motorist coverage can make the difference when a negligent driver’s policy limit is too small to cover the extent of the damages. When you have UIM coverage, you are only eligible to obtain damages through UIM benefits if your coverage limits are higher than the Liability Coverage limits of the at-fault driver.

When you turn to Levinson Axelrod, P.A., we help by:

Gathering evidence to prove the other driver’s fault
Proving your negligence does not exceed the other driver’s
Communicating with the insurance company on your behalf
Handling all claims and filings so you don’t have to
Ensuring you get maximum compensation through your UIM policy

We know that this can be a very stressful time. You may be concerned that you won’t be able to get the medical treatment you need or may even have to pay for expenses out of pocket. The good news is that a UIM claim may be able to make up for the difference between your expenses and the other driver’s liability coverage. Our New Jersey car accident attorneys can explain more when you call to discuss your case.

Call for a FREE Case Review

Backed by 80 years of legal experience, our firm knows how to handle complex car accident claims. We have tackled truck accident cases, bicycle claims, motorcycle collisions, and other vehicle accident cases all throughout New Jersey.

No matter the details of your accident, having a New Jersey car accident attorney guide you through this process is crucial. A lawyer can ensure your claim is handled correctly by your insurance company and that you are given the fair damages you are owed. They can also help you demonstrate the other driver’s fault so that you don’t have any complications with your insurance company.

Levinson Axelrod, P.A. offers FREE consultations and handles cases on contingency fees, which means that if we don’t win, you don’t pay.

Only the Best Possible Result

Helping Clients Get the Compensation They Need

Tractor-Trailer Jury Verdict $8,000,000
A 35-year-old laborer who resides in Kearny was seriously injured while working on the median of a highway when a passing tractor-trailer lost a wheel that struck him. Evidence at trial established that after a recent tire change, the lug nuts were not properly secured by both the owner and the independent contractor who had installed the tire. Our client suffered severe head and orthopedic injuries and is now totally disabled as a result of the accident.
Personal Injury Settlement $7,000,000
A Middlesex County man was severely injured and burned as a result of a collision with a truck. The truck driver had lost control of his vehicle and had come through a median barrier which had failed to redirect the truck away from oncoming traffic. Expert testimony established that the median barrier was defective and therefore failed to protect motorist from this type of accident.
Personal Injury Jury Verdict $6,000,000
A female drunk driver crashed into plaintiff’s vehicle causing multiple fractures to the right ankle and foot. Plaintiff’s doctor testified that plaintiff would be under pain management protocol for the rest of his life due to this condition.
Tractor-Trailer Settlement $3,700,000
A Morristown woman was injured when her vehicle was struck by a tractor-trailer that lost control on black ice on Interstate 287. The defendant's truck had jack-knifed as it was changing lanes in order to avoid an earlier accident. The accident resulted in our client suffering severe head injuries.
Motorcycle Collision Settlement $2,500,000
A young man was seriously injured while riding his motorcycle to work when another driver made a left hand turn in front of him, leaving our client had no memory of the accident. He suffered a number of serious fractures and underwent multiple surgeries, leaving him with disabilities. The case settled on the second day of trial.
Auto Accident Settlement $2,500,000
Levinson Axelrod Partner, Mark V. Kuminski represented a local Franklin Township woman who was involved in a three-car motor vehicle accident. The incident occurred when one of the drivers, later named as the defendant in the personal injury lawsuit filed by Mark and our firm, rear-ended a vehicle that had been stopped. Mark’s ability to express the full scope of damages incurred by our client, proved successful in compelling the jury to rule in our client’s favor.
Tractor-Trailer Judgment $2,000,000
A truck driver was injured in a chain reaction collision accident on the New Jersey Turnpike. The defendant had been operating a tractor-trailer in front of our client's vehicle and had jackknifed in an attempt to bring its vehicle to an abrupt stop. Our client's vehicle then struck the defendant's trailer from behind, causing our client serious leg injuries, resulting in amputation.
Auto Accident Settlement $1,750,000
A father and daughter were killed in motor vehicle accident when the vehicle they were passengers in was struck by the defendant's delivery truck. Evidence established during discovery revealed that the delivery truck driver had run a red light and was also speeding at the time of the accident.
Auto Accident Settlement $1,500,000
Our client was a passenger in a vehicle involved in a single car accident, which occurred when the driver of the vehicle she was in lost control while passing another car. There was an allegation that the driver was racing another car when the accident occurred. Our client sustained cervical and lumbar injuries and was ultimately required to undergo surgery on her neck.
Auto Accident Settlement $1,250,000
A Howell Township teenager was a passenger in a car when the driver lost control of the vehicle, resulting in a violent crash against a tree. Our client suffered a traumatic brain injury resulting in major memory loss, poor concentration and cognitive deficits, in addition to multiple fractures and deep lacerations to the tendons of his left hand requiring plastic surgery. The proceeds of the settlement on behalf of our client were put into a Trust to pay for his special needs throughout his life.

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