Written/Reviewed By:
Barry S. Kantrowitz, Esq.Last Updated: Oct 6, 2022
Read Time: 3 mins
After an auto accident with an uninsured or underinsured motorist, a driver who carries a standard insurance policy will generally be able to recover at least a portion of the damages from their insurer. However, the recovery will be limited by the policy’s coverage limits and the state’s comparative negligence rules. Also, if the driver only has a basic policy, they will not receive uninsured or underinsured motorist benefits.
When you experience injuries and losses in a New Jersey accident with an uninsured or underinsured driver, a car accident lawyer from Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. can help you. We fight for our client’s rights to recover the benefits they deserve under an underinsured motorist insurance policy. However, recovery of those benefits is never automatic. We use our skills and experience to get the largest possible underinsured motorist benefits that may be available.
What limitations are there on underinsured motorist coverage in New Jersey?
If the driver who caused your accident has limited insurance—and it does not cover all your damages–you can claim underinsured motorist benefits for the excess uncovered amount. However, this is true only if your policy limits exceed the negligent driver’s liability coverage limits. For example, a standard car insurance policy in New Jersey will include underinsured motorist coverage of at least $5,000 with a $500 policy deductible, but many drivers opt to purchase coverage with higher limits.
The state’s comparative negligence laws further limit New Jersey’s underinsured motorist coverage. These reduce a driver’s damages recovery in proportion to their responsibility for an accident. For example, a motorist with $10,000 of uninsured motorist coverage–deemed to have been 30% at fault–will have their recovery reduced by 30%. Therefore, they will be eligible to recover a maximum of $7,000 from their insurance carrier.
What kinds of damages are included in underinsured motorist coverage?
Uninsured and underinsured motorist coverage will provide benefits to reimburse a driver for their:
- Actual and prospective medical bills and expenses
- Lost wages while recuperating from injuries
- Transportation costs to get to medical appointments
- Pain and suffering
- Loss of enjoyment of life due to injuries sustained in an accident.
Insurance companies that provide uninsured and underinsured motorist coverage frequently seek to minimize their payments of benefits under those policies. A New Jersey attorney with expertise in negotiating with those insurers is an injured motorist’s best resource to recover the total benefits they might deserve under the policy they have paid for.
Call the New Jersey car accident lawyers for a free consultation
The insurance companies that issue underinsured motorist policies have experienced policy adjusters whose job is to pay you the lowest possible benefits in response to your claim. At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we will help you level the playing field and negotiate from a position of strength when an underinsured motorist in New Jersey causes your accident.
Contact us before you talk to anybody from your underinsured motorist insurance carrier. We represent injured motorists in Bergen County and elsewhere in New Jersey to recover the largest available benefits.
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LWelsh10 days agoTrustindex verifies that the original source of the review is Google.
Clever and efficient.Posted on Google
Kenny Perlow31 days agoTrustindex verifies that the original source of the review is Google.
KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.Posted on Google
Aliza Ali95 days agoTrustindex verifies that the original source of the review is Google.
My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.Posted on Google
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I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!Posted on Google
Mike Sakmann104 days agoTrustindex verifies that the original source of the review is Google.
I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.Posted on Google
Liz Hecker110 days agoTrustindex verifies that the original source of the review is Google.
I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.Posted on Google
Brandy Miller133 days agoTrustindex verifies that the original source of the review is Google.
Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for herPosted on Google
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Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.Posted on Google
Jonathan Sampson153 days agoTrustindex verifies that the original source of the review is Google.
Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommendPosted on Google
Vinnie Kung156 days agoTrustindex verifies that the original source of the review is Google.
We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!