Part 1 of this article used a recent NJ multi-vehicle accident near the Garden State Expressway in Union, NJ to explain how the 2 injured truck drivers may recover from the at-fault driver. Part 2 of this accident will discuss how they may be able to file Underinsured Motorist (UIM) claims.
According to the news report, the tanker driver was in critical condition. It is likely that he sustained serious injuries and damages. If the Audi driver has a minimum liability coverage of $15,000/$30,000, that is likely not enough to financially compensate the critically injured truck driver. What are the truck driver’s options then? He can file a UIM claim.
UIM is a type of coverage insured drivers can buy to protect themselves in the event at-fault drivers’ bodily liability coverage amounts are not enough to financially compensate insured drivers for their injuries and damages.
In all likelihood, the tanker truck driver was working when the accident happened. Though commercial trucks must have liability coverage in the auto insurance policies, most do not have UIM on the policies. Therefore, the tanker truck driver would file a UIM claim with his own auto insurance company if he elected UIM coverage.
If the injured truck driver’s injuries and damages are valued at $100,000, he would receive $15,000 from the at-fault driver’s car insurance company. If the auto insurance policy for the truck does carry UIM coverage, he can file a UIM claim with the employer’s auto insurance company. However, if the truck does not carry UIM coverage, the truck driver can file a UIM claim with his own auto insurance company.
In a truck/car accident like this, injured parties also want to know who pays for their medical bills? New Jersey car accident law provides that medical bills resulting from a motor vehicle accident are paid by the injured driver’s OWN auto insurance policy regardless of fault. However, this principal does not apply if the injured driver was injured while working.
If both truck drivers in this accident were in fact working at the time of the accident, their employers would pay for their medical expenses and treatments through the company’s workers’ compensation carrier. Pursuant to NJ workers’ compensation law, workers/employees injured while on the job are eligible to receive workers’ compensation benefits. One of the benefits is medical treatment. It is important to note however, that injured workers must see the doctors designated by the workers’ comp carrier.
Injured in a NJ Car Accident? NJ car accident law is confusing. Injured victims should consult a NJ car accident lawyer to explore their legal options. Call Philip T. Ciprietti, Esq. to schedule a FREE case evaluation. Mr. Ciprietti is an experienced NJ car accident lawyer and has helped many injured drivers and passengers in NJ. 800.281.8695
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