New Jersey requires drivers to maintain automobile insurance, but some motorists still drive without valid coverage. If an uninsured driver causes an accident, the injured person may worry that there is no way to recover compensation. Fortunately, several options may still be available.
Call the police after the collision and make sure an accident report is prepared. Collect the other driver’s name, contact information, license plate number, driver’s license information, and vehicle details. Photographs, witness statements, and video footage may also help establish how the accident occurred.
Do not rely only on the other driver’s statement that insurance is active. A policy may have expired, been canceled, or excluded the driver or vehicle involved. Your insurance company or attorney can investigate whether valid liability coverage existed on the accident date.
New Jersey is a no-fault state for accident-related medical expenses. Your Personal Injury Protection coverage, commonly called PIP, generally pays eligible medical bills regardless of who caused the crash.
Depending on your policy, PIP may also provide limited benefits for lost income, essential services, and certain other economic losses. PIP does not ordinarily compensate you for pain and suffering or fully cover every financial loss resulting from the accident.
If the at-fault driver has no applicable insurance, you may be able to file an uninsured motorist claim through your own auto insurance policy. Uninsured motorist coverage may provide compensation for bodily injuries and property damage caused by a driver who lacks the legally required insurance.
A UM bodily injury claim may include compensation for:
The amount available depends on your policy limits and the circumstances of the claim. Uninsured motorist coverage generally cannot exceed the liability coverage limits selected under your policy.
Uninsured motorist property damage coverage may help pay for damage to your vehicle, subject to the policy’s deductible, exclusions, and limits. Collision coverage may also apply, even when the responsible driver is uninsured.
Drivers with a New Jersey Basic Policy may have significantly fewer protections. A Basic Policy generally does not include uninsured or underinsured motorist coverage, making it especially important to review the declarations page before assuming that coverage exists.
You may have the right to file a lawsuit directly against the at-fault driver. However, obtaining a judgment and collecting money are different issues. An uninsured driver may have limited income, property, or other assets available to satisfy a judgment.
A lawyer can investigate whether another person or business may share responsibility. Potential defendants could include the vehicle owner, an employer, a negligent contractor, a rideshare company, or another party whose conduct contributed to the accident.
Although a UM claim is filed with your own insurer, the insurance company may still dispute fault, medical causation, the seriousness of your injuries, or the value of your damages. You must generally prove that the uninsured driver was legally responsible and that the collision caused your claimed losses.
Your policy may also contain notice requirements, cooperation duties, deadlines, and restrictions on settling with other parties. Statements made to an insurance adjuster can affect the outcome of the claim.
After an accident involving an uninsured driver, notify your insurer promptly, obtain medical care, preserve evidence, and keep records of all expenses and missed work.
An experienced New Jersey car accident lawyer can confirm the available insurance coverage, handle communications with the insurer, identify additional responsible parties, and pursue the compensation allowed under the policy and New Jersey law.
