Car accidents are stressful under any circumstances, but they can be especially overwhelming when the at-fault driver does not have auto insurance. In New Jersey, driving without insurance is illegal, yet uninsured drivers still account for a significant number of accidents every year. If you are hit by an uninsured driver, it is crucial to know what steps to take to protect your rights and recover compensation for your losses.
Stay Calm and Call the Police
The first step after any accident is to ensure everyone’s safety. Move vehicles out of traffic if possible, call 911, and wait for the police to arrive. A police report is particularly important in uninsured motorist cases, as it documents the other driver’s lack of insurance, establishes fault, and serves as evidence for future claims. Do not accept cash from the uninsured driver in exchange for not reporting the accident—this could jeopardize your ability to recover full compensation later.
Gather Evidence at the Scene
Collect as much information as possible. Take photos of both vehicles, the accident scene, skid marks, and any visible injuries. Obtain the other driver’s contact information, license plate number, and vehicle registration. If there are witnesses, ask for their names and phone numbers. The more evidence you have, the stronger your claim will be when you turn to your own insurance coverage.
Notify Your Insurance Company
New Jersey drivers are required to carry uninsured/underinsured motorist (UM/UIM) coverage with their auto insurance policies. This coverage is designed to protect you when the at-fault driver has no insurance or not enough insurance to cover your damages. Report the accident to your insurance company as soon as possible. Be honest and detailed when describing what happened, and provide a copy of the police report when available.
Understand How UM/UIM Coverage Works
Uninsured motorist coverage can pay for medical expenses, lost wages, and even pain and suffering in certain situations. Your coverage may also apply to passengers in your vehicle. If the at-fault driver fled the scene (a hit-and-run), UM coverage generally applies as long as you reported the crash promptly.
Underinsured motorist coverage applies when the at-fault driver does have insurance but it is insufficient to cover your damages. In that case, your insurer may pay the difference between the other driver’s liability limits and your total losses, up to your policy limits.
Consider Legal Action
While you can sue an uninsured driver personally, many uninsured motorists lack the financial resources to pay a judgment. However, a lawsuit may still be worthwhile if the driver has substantial assets or if you want to ensure they are held legally accountable. Consulting with a personal injury attorney can help you decide whether litigation is the right step in your situation.
Keep Detailed Records
Maintain a file with all accident-related documents, including medical bills, repair estimates, correspondence with insurers, and receipts for out-of-pocket expenses. Detailed records not only support your claim but also ensure that you are fully compensated for your losses.
Conclusion
Being involved in a crash with an uninsured driver can create significant financial and legal challenges, but New Jersey law provides protections for victims through UM/UIM coverage. By contacting the police, gathering evidence, promptly notifying your insurance company, and seeking legal guidance, you can maximize your chances of recovering compensation. An experienced attorney can help you navigate the process, negotiate with your insurer, and, if necessary, pursue additional legal remedies. Taking these steps quickly and carefully is the best way to protect yourself and your rights after an accident.