Uninsured Motorist and Under-insured Motorist claims
When you are involved in an accident and the vehicle that caused the accident did not have insurance, you may be entitled to recover from your own insurance company. The proper name for this type of claim is an Uninsured Motorist claim, sometimes shortened to “UM claim.” If you look at your automobile insurance policy, you will note that you have paid a premium for Uninsured Motorist coverage. You may ask, well if the accident was caused by someone else, why am I suing my own company? The answer is: you are suing your own company because you paid for the right to make that claim, and now the insurance company must honor the insurance contract. You will also sue the other driver, but the recovery will very likely come from your own insurance company – again, you paid for the right to recover when you paid your premium.
What happens if you are injured, and the vehicle at fault had insurance, but not very much? In this case, you will make a Underinsured Motorist claim, sometimes referred to as “UIM claim.” Hopefully, you have purchased a higher amount of insurance than the person who caused the accident, as that is the first requirement. If you have the same limits of coverage, you cannot make a UIM claim. Anyone reading this should look at their “declaration sheet” to make sure their limits for liability and UM/UIM are high enough, and that the limits are the same for each type of coverage – I recommend at least $100,000 of coverage for” liability” as well as “UM/UIM.” There are too many uninsured drivers in new Jersey, and you must ensure you have enough insurance coverage.
Even if you are injured while a passenger in another vehicle, or if you are driving a company vehicle and have an accident, you may be covered.
For any of these circumstances, the law is quite complicated, and you certainly need the help of a qualified trial attorney. Douglas Standriff has successfully handled hundred of uninsured and underinsured motorist claims for clients. He knows the law, and has the trial experience to obtain the compensation you deserve.