There is very little, if anything, fair about insurance. It's a big business backed by their cronies and lobbyists. Consumer groups try to stand up with some limited successes. Always try to max out those coverages you can.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
You should be able to recover from her insurance company for your bodily injury, pain and suffering. I would need to review the insurance policies to give you reliable advise. Consultations for personal injury are free with most attorneys.
973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
You need to consult an attorney who can review your insurance policy, the case law, and see what options may be available.
You opted out of UIM, but I assume you have UM coverage? If the person who hit you has no liability coverage under their dollar a day / special policy - they could be considered uninsured and you may be able to claim under your own insurance policy.
The number of special policies of insurance out there is not high, but in these times, more and more people have less and less insurance. What you've encountered is the prime reason why everyone should have as much insurance as they can possibly afford.
I hope you feel better soon.
This response does not constitute legal advice and does not create an attorney-client relationship. Due to the complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be adequate for your specific situation.
I am still amazed that the State of New Jersey allows these policies to be written. An issue that arises is whether you should use your uninsured or underinsured motorist coverage under your own policy. Technically the person is insured but I believe you can make the argument that you should be able to use your uninsured motorist coverage. Do you have uninsured but not underinsured motorist coverage? You should seek advice from a New Jersey injury lawyer. View my website for my background.
Most of the other attorneys have already provided good feedback. These special automobile insurance policies and basic policies in NJ that provide no liability coverage are horrible and I am seeing them more and more. To me they are unconscionable but they will likely become only more common.
You should still speak with an attorney and have your insurance policy reviewed. You said you were from out of NJ. If you are from Pennsylvania there are very specific requirements that an insurance company must follow in order for you to validly waive uninsured motorist coverage. While most insurance companies have their bases covered, I recently was able to get underinsured motorist coverage for a client who "waived" that coverage because the waiver's language was invalid under the law. It is rare but something that should always be checked.
You can always contact my firm if you would like us to review your policy and find out whether any waiver of UM/UIM coverage is valid. Either way, you should formally speak to an attorney and have your policy reviewed at a minimum so the laws of your state can be evaluated. Best of luck.
Legal disclaimer: I am not your attorney and no attorney-client relationship exists nor is intended to exist or to be formed by providing the information above. The information provided is not legal advice and is not intended to be taken as legal advice. Any person faced with the above-referenced situation should immediately consult an attorney licensed within the applicable state or jurisdiction before taking any action based on this or any other information.
NJ insurance does lack rational basis for some of the law at times, it is a creature of legislative ineptitude and insurance company influence. However, we have no fault. Thus, unless the other driver takes responsibility or their carrier does, you must go through your own insurance. I recommend you contact a local attorney who speciializes in personal injury to walk you through this. Since you are injured, that is not no fault, except for the medical, and a lawyer can help.
I concur with the other answers; however, you may wish to consider filing a claim with the New Jersey Property-Liability Insurance Guaranty Association. The New Jersey Property-Liability Insurance Guaranty Association (“Association”) provides a safety net designed to mitigate the effects of loss on claimants and policyholders who, through no fault of their own, find themselves without coverage. You may qualify.
Hurry!!! There are very strict time filing requirements.
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