This may have happened to you – riding along on your motorcycle or bicycle, a careless driver suddenly forces you off the road and into a tree, guardrail, sign post or other object causing you serious injuries. Incredibly, the driver then leaves the scene. Often there is no actual contact between the off ending vehicle and the victim because the biker was alert and was able to avoid being hit.
Do you have the right to sue for injuries if you are run off the road but are not actually struck by another vehicle?
As motorcycle attorney, I see clients all the time who have experienced incidents similar to what I have described. Whether the client can bring a claim depends on the specific facts of the crash, but the answer is generally yes – even if the other vehicle flees. Physical contact between the vehicle and motorcycle or bicycle is not required to bring a claim for your injuries and losses in New Jersey.
In New Jersey, motorcycle and automobile insurance policies contain uninsured motorist (UM) coverage. If you are injured by a vehicle that has no insurance or by an unidentified hit and run vehicle, you will most likely be able to bring a claim for injuries depending on your own vehicle UM limits and subject to other laws governing personal injury claims. Whether a claim for property damage can be brought depends on the specific policy since there is no automatic right to this coverage.
The following guidelines are critical to remember if you are involved in a hit and run accident:
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