The Uninsured, At-Fault Driver: Where to Turn

Because many car accidents happen on New Jersey roads, it always pays to be prepared. This is why many people think proactively before they head onto the roadways and protect themselves with something known as uninsured and underinsured motorist coverage. This type of insurance is used when the at-fault driver does not have enough or any liability coverage and can save you substantially from having to pay for a car accident that you did not cause. This is an important option to remember because, in 2012, 1 in 8 drivers were uninsured, which greatly increases your chances of coming into contact with one of these drivers.

The problem here is that some drivers fail to receive this helpful insurance because they are uninformed about it or just don’t want to add it to their policy. In these cases, you must be prepared to seek other options for compensation when you have been involved in a serious accident and the other driver had no insurance. Yes, in these cases, when you have been injured and another driver is at-fault you may feel helpless and not know where to turn. Luckily, we have some answers for you.

Suing the Driver 

In many cases, after you have been involved in an accident where an uninsured driver was at-fault, your attorney will probably tell you that a lawsuit is your best option for receiving compensation for your injuries. However, sometimes there are negative aspects involved in this process. For instance, you may not see much money from this option because many uninsured motorists do not have the assets to care for your damages. However, the court may be on your side and set up a payment plan so that the defendant can pay you a certain amount per week. The downside to this is that it probably will not be a large amount. In other cases, your lawyer may prove that the defendant has assets hidden away and will file a lien against the property to freeze the assets during litigation.

File an Uninsured Driver Claim

Many other people will choose to file an uninsured driver claim instead. You would be filing this claim against your own car insurance company under your motorist coverage. You will have to alert your insurance company from the start that the driver was uninsured so that they can handle your case and you can meet the strict deadlines put in place for your claim. This is another reason why it pays to have an attorney on your side, because you do not want to miss these deadlines under any circumstances or else you may be barred from any recovery.

These cases, however, are very binding. Even if you do not reach settlement in this case, if you have made a claim against your insurance, you will more than likely be barred from appearing in court for your claim. You may be forced into a binding arbitration process, which can become much more complex. This is another reason to give us a call today to get started on your claim. We will help you through the tedious process and help you get the compensation you deserve.