You expect the at-fault driver’s insurance to cover your losses after a New Jersey uninsured driver accident. Instead, you learn there is no insurance policy to file against. Although that news can be discouraging, you may still recover compensation through Personal Injury Protection, uninsured motorist coverage, collision coverage, or, in some cases, a lawsuit against the responsible driver.
Recovering compensation through a personal injury claim is not always simple because uninsured drivers often have limited assets or no ability to pay a judgment. A New Jersey car accident lawyer can review your insurance coverage, identify every available recovery option, gather supporting evidence, and protect your legal rights throughout the claims process.
Table of Contents
- Check Your Own Coverage Before Suing the Driver
- See How Uninsured Driver Claims Can Play Out
- Avoid Mistakes That Can Limit Your Recovery
- How Can a New Jersey Car Accident Lawyer Help
- Frequently Asked Questions
Check Your Own Coverage Before Suing the Driver
Use PIP Benefits for Medical Bills First
New Jersey is a no-fault state for many auto-related medical claims. This usually means that injured parties will first seek reimbursement through their own personal injury protection coverage. Personal Injury Protection, or PIP, will cover a range of medical bills and economic losses up to the policy limits. This can be important in situations where the at-fault driver does not have liability coverage, but the insured is facing serious medical needs.
Check Uninsured Motorist and Collision Coverage
Uninsured motorist coverage is typically for instances when another driver causes an accident but doesn’t have the legally required amount of insurance. The Standard Policy from New Jersey provides uninsured/underinsured motorist coverage up to the policy limits for liability, while the Basic Policy doesn’t note any. UM coverage can provide reimbursement for injuries and damage, depending on your policy, and collision coverage can help with repairs or replacement of the vehicle.
See How Uninsured Driver Claims Can Play Out
When Your Insurance Provides the Main Recovery
Your own insurance may be your primary source of recovery following an uninsured-driver crash. Your PIP coverage may pay for medical expenses, collision coverage may pay for repairs to your vehicle, and you may be able to collect UM benefits, if you have that type of coverage. The insurance company may also look into issues of negligence, liability, injuries, expenses, lost income, and the value of any damage claims. Evidence may include police reports, photos, medical records, witness statements, repair estimates, and lost income documentation.
When a Lawsuit Against the Driver May Be Necessary
A lawsuit can be filed against an uninsured motorist in case of extreme injuries with minimal insurance coverage. You can get the amount of damages paid directly from the negligent motorist; however, a judgment is not always enough to ensure that you are compensated adequately since there may be a minimal amount of assets available for distribution to you, and the damages can be reduced due to New Jersey’s comparative negligence law.
Avoid Mistakes That Can Limit Your Recovery
Do Not Assume There Is No Coverage Anywhere
Many people stop looking after learning the at-fault driver was uninsured. Other coverage may still apply through the injured person’s policy, household policies, vehicle owner policies, employer coverage, or commercial coverage. A passenger may have different options than a driver. A pedestrian or cyclist may also need a separate insurance review.
Do Not Miss Deadlines or Accept a Fast Settlement
Insurance claims and lawsuits have statutes of limitations. Filing after this period can lead to issues. According to New Jersey Courts, the statute of limitations for personal injury is 2 years. UM claims also have policy requirements such as notice and cooperation. Settling too soon could result in loss of income, future medical expenses, reduced earning potential, and pain and suffering.
How Can a New Jersey Car Accident Lawyer Help
Find Every Practical Source of Compensation
Legal support may be required to ensure fair compensation from an uninsured driver and ensure that the payment is possible. An attorney can help analyze PIP, UM, UIM, collision, health, household, employment, and third-party insurance policies, as well as other relevant factors. Multiple parties can be responsible for the accident, including the vehicle owner, employer, or a ride-sharing company, a mechanic or other third-party, or another motorist.
Prove Negligence, Damages, and Claim Value
Suing or pursuing an UM claim also requires showing that the uninsured motorist caused the crash. A personal injury lawyer can help by finding and presenting crash reports, photos, witness statements, medical bills, lost work income, repair estimates, videos, and expert testimony. In New Jersey, you can recover damages if your negligence was less than that of the person filing the claim against you.
Frequently Asked Questions
Can You Sue an Uninsured Driver in New Jersey?
Yes. You may be able to sue an uninsured driver if their negligence caused the crash. The bigger issue is whether the driver has money or assets to pay a judgment. Many claims first focus on PIP, uninsured motorist coverage, collision coverage, and other insurance options.
What Insurance Pays After an Uninsured Driver Crash?
PIP may pay medical expenses and some economic losses, regardless of fault. Uninsured motorist coverage may apply if you purchased it and the at-fault driver lacked required insurance. Collision coverage may help with vehicle damage, depending on your policy and deductible.
What If I Only Have a Basic New Jersey Auto Policy?
New Jersey’s Basic Policy provides limited required coverage and does not include uninsured/underinsured motorist coverage. That can make recovery harder after an uninsured-driver crash. Other coverage options may still need review.
What Compensation May Be Available?
Available compensation may include medical expenses, lost wages, future care, reduced earning ability, pain and suffering, vehicle damage, and other losses. The recovery path depends on insurance coverage, liability, injury severity, policy limits, and collectability. Some claims resolve through insurance, while others may require litigation.
How Long Do I Have to File a Personal Injury Lawsuit?
New Jersey courts state that the general statute of limitations for a personal injury action is two years. Insurance notice deadlines may be shorter, especially for uninsured motorist claims. Policy cooperation rules can also affect coverage.