Uninsured Motorist Accident: FAQ
An auto accident involving an under insured motorist is often more complex than one involving fully insured drivers. If you have been injured in an accident involving a driver with little or no insurance, you can seek compensation through your own uninsured / under insured motorist coverage. However, as an New Jersey injury lawyer cautions, this may not be so easy.
What are the minimum requirements for liability insurance under New Jersey law?
What if my damages exceed $15,000.00?
If you have elected to carry underinsured motorist coverage, you may file a claim with your own insurance company to collect the amount of your actual damages greater than $15,000.00. One caveat your New Jersey injury lawyer will explain is that the dollar amount of the coverage you select is important. Regardless of the value of your claim, your total recovery, including any monies received from the other driver’s insurance company, cannot exceed the face value of your under insured motorist coverage.
How do I collect benefits under my under insured policy?
You need to prove two things:
1. The other driver was at fault; and
2. The extent of your injuries.
The problem is that once you file a claim with your insurance company, your interest and your insurance company’s interests are in direct conflict. If your claim is valid, they have to pay. The last thing an insurance company likes to do is pay a claim.
Dan T. Matrafajlo, a New Jersey injury lawyer, can help you understand your rights, obligations and liabilities. Mr. Matrafajlo offers a free, initial consultation. Call (908) 248-4404 today for an appointment.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
