Jul 262013

Answered by a New Jersey car accident lawyer:

Yes.  If your damages are over $15,000 and you have underinsured motorist (UIM) coverage on your car insurance policy, then you may file an UIM claim. UIM coverage protects an insured driver when their damages and injuries in a car or truck accident exceed the negligent driver’s bodily injury or liability coverage limit.

Therefore, if your injuries and damages are $100,000, you may recover $15,000 from the driver at fault. For the remaining $85,000, you may file a UIM claim with your car insurance company.

In order to file a UIM claim due to a car accident in New Jersey, your UIM coverage must be more than the negligent driver’s liability coverage.  If you have $100,000 UIM coverage, you may file a UIM claim because your coverage is more than the negligent driver’s liability coverage.

However, if your UIM coverage is $15,000, you will not be able to file an UIM claim because your UIM coverage is the same as the negligent driver’s liability coverage.

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Philip T. Ciprietti is an experienced personal injury lawyer who has helped many injured car and truck accident victims in New Jersey. Here’s what former clients have to say about working with Phil Ciprietti:

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