Uninsured and underinsured benefits provide a source of recovery to injured persons when the party causing the car accident injury does not have insurance or has insufficient insurance to satisfy the claim or claims being made.
Uninsured Motorist coverage is included in every New Jersey private passenger automobile insurance policy. The required coverage provides up to $15,000 per person, up to a total payment of $30,000 for all persons injured in an auto accident; as well as Property Damage coverage of $10,000. Higher limits are available.
Underinsured Motorist coverage is available as an option. This coverage provides a source of recovery to an injured person when the amount of insurance available to the person causing the injury is not sufficient to pay the claim in full; and when the benefit available to the person seeking recovery is greater than the coverage available to the wrongdoer. Your lawyer will advise you whether these benefits are available to you, and if so, in what amount.
Uninsured and Underinsured claims are generally resolved directly between the insurance company and your lawyer. Contested claims are submitted to 3-party arbitration, with each party choosing one arbitrator, and the two selected arbitrators choosing a neutral arbitrator, who acts as head of the panel. In some cases, awards rendered by these panels can be refused, requiring the claim to be decided in court by judge or jury.
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