Even the most seasoned driver must be prepared at all times for the unforeseen danger of automobile drivers who are not paying attention to the road. Hopefully you will be able to maneuver around the danger but sometimes you will not be that lucky. If the other driver stops and exchanges pertinent accident information, you have a good chance of recovering your damages...but what if they don¹t? There¹s a likely chance that you may be involved in a HIT AND RUN at some point. Unfortunately, many drivers currently using our roads are driving without licenses or insurance, or had multiple suspensions. These circumstances make them far more likely to leave the scene of the accident. If you have been the victim of a hit and run accident, there are a few things that you must remember. 1. An altercation with the ³suspect² may result in far more serious problems. 2. If at all possible, get the license plate number of the vehicle. 3. Call 911 immediately. Provide the police with as much information as you can about the other driver. Make, model, color of car, physical description of the driver if you are able to see them, and most importantly, the direction they are traveling. The police may issue a notice to nearby towns to pursue the suspect vehicle and also send a unit to assist you. 4. Talk with as many witnesses as you can. Make sure you ask for their name, address, and telephone number and ask them (beg if you must) to please wait for the police to arrive so that they can give a statement while their memories are fresh. 5. Protect the accident scene. Even the smallest piece of evidence could carry a signature of the other driver. For example: lenses from headlights and taillights (often smashed during the accident) carry a code from the DOT that marks the make, model, and year of the vehicle. This evidence will certainly help to narrow the search. Carry a small camera in your car. INSIST to the police to write up a police report. Increase your uninsured motorist coverage on your insurance. If you are injured in a hit and run, we often are still able to help you obtain money compensation from the Unsatisfied Claim and Judgment Fund or from your own insurance company. Most drivers in New Jersey have uninsured motorist coverage to protect them if they are seriously injured in a hit and run accident. Call Kenneth A. Vercammen to schedule an in-office consultation.
Bring your insurance declaration sheet, insurance policy, and the accident report. Being in a motor vehicle collision is traumatic enough for everyone involved when all the parties remain at the scene. However, when the at-fault driver leaves the scene without cooperating with an investigation or exchanging information, then a whole new level of problems can arise. Leaving the scene of an accident before the police arrive, or before information has been exchanged, can raise lots of questions about the at-fault driver. Was the driver drinking or taking drugs? Did they have a valid driver’s license? Were they driving a stolen car? Did they have insurance? Who is going to pay for my medical bills? Who is going to help me get my car fixed? These are just some of the questions that arise.
If the police and your insurance company are unable to figure out who else was involved in the collision, then it is likely that your own automobile insurance will be able to help you with medical bills and damges to your car if you have purchased separate uninsured motorist coverage (UM coverage). For all drivers, it is important to have UM coverage in case you are involved in a collision with an uninsured driver, or in hit and run situations, where you may not be able to identify and locate the other driver. This UM coverage may be the only coverage available to help compensate you for your injuries in such a situation.
Uninsured Motorist Coverage
Despite the fact that New Jersey law requires every automobile owner in New Jersey to maintain insurance on their vehicle, many drivers who cause accidents in New Jersey do not have car insurance and are therefore “uninsured motorists.” In other cases, the driver who causes an accident may be insured but may not have enough insurance coverage to pay for all of the injuries caused in the accident and therefore is “under-insured.” When contacted by people injured in car accidents, we are frequently asked
What happens to my case if the person who caused the accident is uninsured or does not have enough insurance?
If the at-fault driver does not have insurance, or does not have enough insurance, we will look to your own automobile insurance policy for compensation for your accident related injuries and losses. Under New Jersey law, insurance companies selling automobile insurance in New Jersey are required to sell Uninsured/Under-Insured Motorist Insurance as part of every policy sold in New Jersey unless the coverage is specifically refused in writing. Uninsured or under-insured (UM/UIM) coverage is a separate coverage that provides coverage to you and your passengers if injured in an accident caused by an uninsured or under-insured driver. This coverage “steps into the shoes” of the at-fault driver and pays you the same kind of damages you could have recovered from the at-fault driver’s insurance had the driver been insured. Uninsured motorist insurance coverage may be available to pay your claim if any resident in your household owns a car that has uninsured motorist coverage regardless of whether you were occupying the car at the time of the accident. In fact your uninsured motorist coverage will even cover you if you are a pedestrian hit by an uninsured driver.
However, since uninsured motorist insurance coverage arises out of an insurance contract (policy), it is extremely important to carefully examine the insurance contract to make certain that nothing is done that violates the terms of the insurance policy that could jeopardize the right to an uninsured motorist claim under the policy. For example, if you are making a claim for under-insured motorist benefits, most policies issued in New Jersey require that you first seek and obtain permission from your own insurance company before you accept any settlement with the at-fault driver’s insurance company. This contract provision means that if you settle with the at-fault driver without first obtaining permission to do so from your own insurance company you will not be allowed to present an under-insured motorist claim to your own insurance company.
Finally, some people are reluctant to make a claim for uninsured and under-insured benefits against their own insurance policy because they are afraid their insurance rates will go up. It is important to know that under New Jersey law, an automobile insurance company cannot raise your insurance rates because you make a claim for uninsured or under-insured motorist benefits in an accident that you did not cause. What if the at-fault driver is uninsured?
If the at-fault driver does not have insurance, or does not have enough insurance, we will look to your own automobile insurance policy for compensation for your accident related injuries and losses. Under New Jersey law, insurance companies selling automobile insurance in New Jersey are required to sell Uninsured/Under-Insured Motorist Insurance as part of every policy sold in New Jersey unless the coverage is specifically refused in writing. Uninsured or under-insured (UM/UIM) coverage is a separate coverage that provides coverage to you and your passengers if injured in an accident caused by an uninsured or under-insured driver. This coverage “steps into the shoes” of the at-fault driver and pays you the same kind of damages you could have recovered from the at-fault driver’s insurance had the driver been insured. Uninsured motorist insurance coverage may be available to pay your claim if any resident in your household owns a car that has uninsured motorist coverage regardless of whether you were occupying the car at the time of the accident. In fact, your uninsured motorist coverage will even cover you if you are a pedestrian hit by an uninsured driver.
It is important to note that if you are making a claim for under-insured motorist benefits, most policies issued in New Jersey require that you first seek and obtain permission from your own insurance company before you accept any settlement with the at-fault driver’s insurance company. This contract provision means that if you settle with the at-fault driver without first obtaining permission to do so from your own insurance company you will not be allowed to present an under-insured motorist claim to your own insurance company. At Kenneth Vercammen & Associates we will carefully examine your insurance policy to make certain that nothing is done that violates the terms of the insurance policy that could jeopardize the right to an uninsured motorist claim under the policy.
Will my insurance rates go up?
Under New Jersey law, an automobile insurance company cannot raise your insurance rates because you make a claim for uninsured or under-insured motorist benefits in an accident that you did not cause. |
