If you are injured in an automobile accident that is the fault of another motorist, you have a right to bring a claim for damages. As a practical matter you bring your claim against the insurer of the other motorist. Damages include past and future income loss, all medical expenses, including potential future medical expenses, and "general" damages for pain, suffering, mental anxiety, emotional distress, and impairment of earning capacity. You are also entitled to prompt repair or replacement of your automobile, and the use of a rental car until your car is repaired or is paid for.

Hopefully you will have purchased Personal Injury Protection (PIP) as part of your own automobile insurance policy. PIP pays your medical bills and some of your wage loss even though the accident was the fault of the other driver. The amount of payment depends on the type of PIP policy you purchase. Some provide medical expense coverage of $25,000, and up to three years after the accident, and others only provide $10,000 for one-year; likewise some will pay wage loss of $200 per week for 50 weeks, and others will pay a percentage of your full income loss for a certain time. The expenses paid by your insurance company through PIP coverage must be reimbursed when your claim is settled or a judgment obtained in Court, with your insurer reducing the amount of its expenses by payment of its share of attorney fees and costs incurred to bring your claim.

Sometimes the at-fault motorist either has no insurance or not enough. In that case, you are entitled to assert claims against your own insurance carrier pursuant to your Under Insured Motorist (UIM) coverage. When you purchase automobile insurance, your agent is required to offer you both PIP and UIM and if you reject such coverage, it must be in writing. The amount of UIM will match the liability coverage you purchase, although you can obtain a different amount.

If you are involved in a motor vehicle accident, it is important to get information about the other driver, insurance, and the names of any witnesses. It is also important to consider retaining an attorney to represent you if your injuries are serious. Our firm represents many persons who have been injured in automobile accidents. We charge a contingent fee, and you can learn more about fees and costs here.