What Happens if the At-Fault Driver Was Uninsured in a New Jersey Car Accident?

Roughly 15% of New Jersey drivers are uninsured. This means that the driver who caused your car accident might not have any assets for you to go after when it’s time for you to collect compensation for your injuries. 

Most motorists turn to uninsured/underinsured motorist coverage to fix this problem. This coverage will help you recover lost funds up to your policy limits. Most standard New Jersey policies to come with some level of Uninsured/Underinsured coverage to at least $5,000.

Keep in mind the determination of comparative negligence will still play a big role in whether you receive compensation, and you may need an attorney to represent your interests with your own insurance company. This is because they may try to claim you were more than 50% at-fault for the accident. This is also the coverage you would use in the event of a hit-and-run accident, where the other driver could not be found.

If they can do that, they don’t have to pay, because uninsured/underinsured motorist coverage steps in to “stand in the shoes” of the uninsured at-fault driver. If there wouldn’t have been a claim in the first place, then your insurance company gets off Scott-free.

You can bet they want to do this, especially if your claim is very expensive. Remember, insurance companies will happily take your premiums all day long but most will bulk when it’s their turn to start paying out money.

We recommend taking out as much uninsured/underinsured motorist coverage as you can afford. Most severe personal injury cases are extremely expensive and you don’t want to be left responsible for those hospital bills without having some source of funds to take care of you. $5000 will not be enough in the event of a major accident or injury.

Keep in mind that an uninsured motorist claim won’t pay exactly what a personal injury lawsuit would. It won’t pay pain and suffering damages, for example.

It will pay for medical treatment, future medical care, property damage, lost wages, loss of income, and wrongful death damages where appropriate. 

For best results, you should involve one of our attorneys as soon as you’re medically capable of doing so. You can even call us on the day of the accident. We will be happy to deal with your insurance company for you, which can keep you from making vital mistakes which might jeopardize your claim. 

New Jersey’s insurance laws are complex. Calling us is simple. Contact us today to schedule a free, no-obligation consultation.