Jul 222013

Last Wednesday, a serious car accident shut down the westbound Atlantic City Expressway in Camden County, NJ.  *Source: 6abc.com, “4 adults, 6 children injured in Atlantic City Expressway crash”

According to the New Jersey State Police, a minivan lost control and rolled over multiple times.  Ten people were injured. Of the injured passengers, seven were ejected from the minivan. Two were critically injured, and six of them were children.

The minivan, fortunately, did not crash into other cars traveling on the AC Expressway and cause more injuries.

Car and truck accidents that happen on highways such as the AC Expressway are often very serious, if not fatal, because the cars are traveling at high speeds.

NJ Car Accident Lawyer Discusses Passengers’ Rights to Recovery in NJ Car Crashes or Accidents

When NJ car passengers are injured in accidents, they may be able to recover damages for their injuries and pain and suffering from the drivers who caused the accidents.

In a single NJ car crash, the injured passengers can file a claim against the negligent driver. However, if there are many passengers, such as in the accident on the AC expressway discussed above, there may not be enough car insurance liability coverage to compensate all passengers.

Many NJ residents have $100,000/$300,000 of bodily injury or liability coverage on their car insurance policies. Bodily injury or liability coverage is what kicks in when a driver is negligent and causes injury to other drivers or passengers. A $100,000/$300,000 policy means that the most the negligent driver’s car insurance company would pay for an accident is up to $100,000 per person, and up to a maximum of $300,000 per accident.

Therefore, if there are 3 injured passengers who all have damages of $100,000, then each of the injured car passengers would receive $100,000.  However, if there is a 4th passenger who also has damages of $100,000, the insurance company already paid its limit of $300,000 and will not pay the 4th injured passenger.  The driver, personally, may be on the hook for the 4th passenger’s damages.

Another situation where there may not be enough bodily injury coverage from the negligent driver is when the injured passengers’ damages exceed the limit of $100,000.  For example, if each of the 3 passengers have damages of $150,000, they would receive $100,000 from the negligent driver.  For the remaining $50,000, the passengers may be able to file an Underinsured Motorist (UIM) claim under their own car insurance policy.

It is important to note, however, that the passengers could only make a UIM claim if their UIM coverage is more than $100,000.  The passengers’ UIM coverage has to be greater than the amount of the negligent driver’s liability coverage.  If the UIM coverage is $100,000 or less, then passengers may not file a UIM claim in this example.

New Jersey Car and Truck Accident Lawyer with Over 35 Years of Experience. Free Consultations

If you were in a car or truck accident on a New Jersey highway, feel free to contact Phil T. Ciprietti, Esquire for a free initial consultation.

Mr. Ciprietti places the interests of his clients first in all matters.  Since 1982, Mr. Ciprietti has been certified by the New Jersey Supreme Court as a Certified Civil Trial Attorney. He is an experienced personal injury lawyer who has helped many injured car and truck accident victims in New Jersey. If you were injured in a NJ car, truck or bus accident, contact Mr. Ciprietti for a free initial consultation. 800.281.8695

In addition to helping residents of New Jersey in all types of accident cases, Mr. Ciprietti also represents residents of other states such as Pennsylvania, New York, Maryland, and Virginia who are injured in car, truck or bus accidents while driving on New Jersey roadways such as, the NJ Turnpike, AC Expressway, Interstate 295 or the Garden State Parkway.

*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in New Jersey. This website page does not provide any legal advice or create any attorney-client relationship. Use of the contact form on this website or emailing Mr. Ciprietti does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.

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