What Happens if I Have an Accident With a Driver With No Insurance?

Car accidents are stressful, but the situation becomes more complicated when the other driver does not have insurance. In New Jersey, drivers are required to carry minimum auto insurance, yet uninsured motorists remain on the road. If you are injured or your vehicle is damaged in a crash involving an uninsured driver, it is important to understand how state law addresses this situation and what options may be available to you.

What Does It Mean When a Driver Has No Insurance?

New Jersey law requires all drivers to carry liability insurance, but some fail to comply. When an uninsured driver causes an accident, they may not have the financial ability to pay for the damage they cause. This can make recovering compensation more challenging, but New Jersey law offers protections for injured drivers.

Discovering that the at-fault driver is uninsured does not mean you are without options, but it does change how compensation is pursued.

Should I Report the Accident?

You should always report an accident to law enforcement, especially when injuries or significant damage are involved. A police report creates an official record of the crash and documents whether the other driver was uninsured.

In New Jersey, a police report is often essential when filing insurance claims or pursuing legal action. Be sure to request a copy for your records.

How Can I Recover Compensation?

If the at-fault driver has no insurance, your own uninsured motorist (UM) coverage may apply. Most New Jersey drivers carry UM coverage unless it was rejected in writing. This coverage can help pay for medical expenses, lost wages, and other losses caused by an uninsured driver.

Personal injury protection (PIP) benefits also play a role. Because New Jersey is a no-fault state, your PIP coverage typically pays for medical treatment and certain lost wages regardless of fault.

What Are the Limits of PIP and UM Coverage?

PIP benefits provide important initial coverage, but they are limited and may not cover all losses. UM coverage can supplement PIP by addressing damages such as pain and suffering, depending on your policy terms.

Reviewing your insurance policy is critical to understanding what coverage applies after an accident with an uninsured driver.

Can I Sue the Uninsured Driver?

You may have the option to file a lawsuit against the uninsured driver. However, many uninsured drivers lack sufficient assets or income to satisfy a judgment. For this reason, insurance-based recovery is often more practical.

A lawsuit may still be appropriate if the driver has identifiable assets or if damages exceed available insurance coverage.

What Steps Should I Take After an Accident in Monmouth County?

Seek medical attention as soon as possible and report the accident to your insurer. Provide documentation showing that the other driver lacked insurance. Keep records of medical bills, repair estimates, and communications related to the crash.

Avoid discussing fault with insurers until you understand your rights and coverage options.

How Does New Jersey Law Protect Accident Victims?

New Jersey’s insurance system is designed to protect injured drivers through mandatory PIP and the availability of uninsured motorist coverage. These protections help ensure that victims are not left without recourse simply because the other driver broke the law.

Understanding how these protections work can make a significant difference after an accident.

Monmouth County Car Accident Lawyers at Rebenack Aronow & Mascolo L.L.P. Help You Understand Your Options

An accident involving an uninsured driver can create uncertainty about medical bills and financial recovery. New Jersey law provides avenues for compensation, but navigating them can be complex. The Monmouth County car accident lawyers at Rebenack Aronow & Mascolo L.L.P. can help evaluate insurance coverage, manage claims, and pursue compensation under New Jersey law, allowing you to move forward with confidence after a crash. You can schedule a free initial consultation by filling out an online contact form or by calling us today at 732-247-3600. Our office locations are in New Brunswick, Somerville, and Manalapan, New Jersey, and we proudly serve clients in the surrounding areas.