Traffic jam on the rainy day. If There Is a Car Accident During a Hurricane, Who's Responsible?

New Jersey's storm season typically runs between August and late October. A hurricane can bring wind speeds of up to 200 mph, which can cause several things to go wrong, including a car accident. If a hurricane causes an accident, knowing who's at fault can get complicated.

Fortunately, car insurance can help cover damage from a hurricane, and a New Jersey independent insurance agent can make sure you're set up with the right policy. But first, here's how to determine responsibility when an act of God is at fault for a car accident.

If a New Jersey Hurricane Causes a Car Accident, Who's at Fault?

There's an at-fault driver in most accidents, but it can be more challenging to determine who's at fault if a hurricane blows your vehicle into another vehicle. Fortunately, you don't have to make that determination. You just have to know the proper steps to take if this event occurs.

If you were to get in an accident because of a hurricane, you'd first file a claim with your own car insurance company. From there, your carrier would determine who was at fault, so you wouldn't have to worry about that. They'd assign an adjuster to the claim to investigate what happened and determine the fault. If one driver was found to be at fault, they'd be responsible for the damage to their vehicle and any others involved.

What If One of Us Wasn’t Insured or Was Underinsured?

New Jersey is a no-fault state, which means that your car insurance carrier is always responsible for paying certain damage from an accident regardless of who is at fault. In New Jersey, your insurance would be responsible for any of your medical bills in an accident, even if someone or something else caused the accident.

Any damage to property or vehicles would be the at-fault driver's responsibility. If that person were not properly insured, the damage would need to be paid out of pocket. Fortunately, in New Jersey, all drivers with a standard insurance policy are required to purchase uninsured and underinsured motorist coverage. The minimum required coverage for these policies is $15,000 for single-person injuries and $30,000 for injuries of all persons involved in an accident, and $5,000 for property damage.

An agent can help you determine if the required minimums are adequate coverage to protect you in specific events. 

How Can Car Insurance Help Protect Me from Hurricane Accidents?

From hurricanes to collisions, car insurance can help you pay for damage to your vehicle, third-party injuries, property damage, and personal injuries. To be fully protected and compliant with New Jersey law, you need a combination of mandatory coverages and optional policies. 

Mandatory New Jersey auto insurance includes:

  • Liability insurance: Liability coverage will pay for vehicle and property damage you cause in an accident. In New Jersey, medical expenses are not covered under liability insurance. 
  • Personal injury protection (PIP): PIP pays for medical expenses for any individual listed on your policy in the event of an accident, regardless of who is at fault. 
  • Uninsured motorist: Uninsured motorist pays for injuries and property damage if you're in an accident with someone not adequately covered. 

In New Jersey, drivers can opt for a Standard Policy or Basic Policy. The Basic Policy offers less coverage than the Standard Policy, but is sufficient to meet state requirements. An independent insurance agent can help you determine which policy may be best for you. 

Additional coverages that can help protect you from hurricane accidents include:

  • Collision coverage: This covers the cost to repair or replace your vehicle if it is damaged or totaled in a collision, regardless of fault. 
  • Comprehensive coverage: This covers the cost to repair or replace your vehicle if it is damaged or totaled by a non-collision event such as a hailstorm or theft. 
  • Roadside assistance and rental reimbursement: This covers roadside assistance or a rental vehicle while your car is being repaired.
  • Umbrella coverage: This provides liability coverage above and beyond your standard liability limits. It can cover injuries, property damage, certain lawsuits, and personal liability claims. 

What Doesn't New Jersey Car Insurance Cover?

Most events that can cause damage to your vehicle are covered as long as you have the proper insurance. Without the right coverages, you could be left exposed in numerous areas. 

Here are some examples of what standard auto insurance would not cover:

  • Damage from negligence or lack of vehicle maintenance
  • Intentional damage you cause with your vehicle
  • Damage from normal wear and tear
  • Damage from a collision if you didn't have collision insurance
  • Damage from an event considered "non-collision," such as a tree falling on your vehicle, if you didn't have comprehensive coverage.

You'll need a comprehensive auto insurance policy for hurricane damage to your vehicle. Since this isn't required by law, your New Jersey independent insurance agent can assist you in purchasing it. 

Can I Extend My Car Coverage beyond the Existing Limits?

Yes, you always have the option to expand your policy limits above what is required by law. Most of the time, the state-required minimums are not enough to fully protect you in a serious accident. Increasing your policy limits can ensure that you'd be able to cover an accident without paying extra out of pocket. 

An agent can help you set your policy limits. One way to get even more coverage is to add umbrella insurance to your policy. Umbrella coverage provides liability coverage above and beyond your standard liability limits. It can cover injuries, property damage, certain lawsuits, and personal liability claims. 

How Common Are Hurricanes in New Jersey?

Over the years, numerous hurricanes have passed through New Jersey or hit close to the state. It's less common for a hurricane to hit the state directly, but it has happened several times. Even just passing through, storms can cause severe damage.

Check out these stats on hurricane damage nationally and in New Jersey.

  • There's a 1 in 200 chance that New Jersey will experience a direct hurricane hit every year.
  • Typically New Jersey catches the tail end of significant hurricanes as they work their way up the coast, calming before they get there.
  • August and September have seen 82 of New Jersey’s 117 hurricanes in its history.
  • Hurricane Sandy in 2012 and Ida in 2021 are the two deadliest hurricanes in their history.
  • The total approximate cost of damage from weather and climate disasters in the US from 1980 to 2021 is $2.155 trillion nationally.

Hurricanes and tropical storms can cause flooding, cut off electricity, damage homes and vehicles, and leave individuals displaced from their homes for weeks. Having the right insurance in place can help you get back on your feet after a catastrophic event.

How Can an Independent Insurance Agent Help?

The more you know about your car insurance coverage, the more it can help you in unexpected situations. Whether you need a new policy or want to evaluate your existing policy to make sure you have the right coverage, a New Jersey independent insurance agent can help. 

Agents have built a network with local insurance carriers and will work with you to find the right blend of cost and coverages. They're also there if you need to file a claim, helping you before, during, and after an event. 

Article Reviewed by | Jeffrey Green

https://nj.gov/njoem/plan-prepare/hurricanes.shtml

https://www.brandonjbroderick.com/Our-Blog/2018/May/Is-New-Jersey-a-No-Fault-Auto-Insurance-State-

https://www.lynchlawyers.com/blog/new-jersey-uninsured-motorist-coverage/

https://www.state.nj.us/dobi/division_consumers/insurance/standardpolicy.html

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