What if I Am in a Car Accident With an Uninsured Driver?

New Jersey law requires all drivers to carry liability auto insurance, but many uninsured motorists remain on the road. According to the Insurance Information Institute, over 14% of New Jersey drivers remain uninsured, meaning roughly one in seven drivers may not have coverage after a car accident. Nationwide, over 15% of motorists are uninsured, according to the Insurance Research Council.

If you are injured in a crash involving an uninsured driver, understanding your legal and insurance options is critical. Our Monmouth County car accident lawyers help clients navigate uninsured motorist claims, evaluate available coverage, and pursue compensation after serious accidents.

What Happens if You Are Struck by an Uninsured Driver in New Jersey?

If an uninsured driver hits you in New Jersey, you may still have options for recovering compensation through your own auto insurance coverage. State law requires most policies to include protections such as the following:

• Personal injury protection (PIP): Pays for medical treatment and certain related expenses, regardless of who caused the crash.
• Uninsured motorist (UM) coverage: May compensate for injuries, lost wages, and other damages if the at-fault driver is uninsured.
• Claim against the driver: Suing the at-fault driver for damages, although recovery is challenging if the driver lacks financial resources.

Is It Illegal in New Jersey to Not Have Car Insurance?

New Jersey law requires all drivers to carry liability insurance, but some fail to comply. Driving without insurance is illegal and can result in fines, license and registration suspension, and additional penalties for repeat offenses. Even with these requirements in place, uninsured drivers are still involved in accidents, which is why many policies include uninsured motorist coverage to help protect drivers if the at-fault party does not have insurance.

How Does Uninsured Motorist (UM) Coverage Work?

Uninsured motorist (UM) coverage helps protect you in an accident caused by an uninsured driver. Instead of seeking compensation from the driver’s insurer, you file a claim under your own UM coverage, which may help pay for medical expenses, lost wages, pain and suffering, and other related losses up to the limits of your policy.

Your 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.

What Damages Can I Seek From an Uninsured Driver?

If you are injured in an accident caused by an uninsured driver, you may still be able to recover compensation through your own PIP for medical expenses and UM coverage for other losses. Depending on the circumstances and extent of damages, you may also be able to file a claim against the driver for economic and non-economic damages, such as:

• Medical expenses: Costs for emergency care, hospital treatment, rehabilitation, and other accident-related medical needs.
• Lost income and reduced earning capacity: Lost income during recovery and future income if your injuries prevent you from returning to work.
• Pain and suffering: Damages for the physical pain and emotional impact caused by the accident.
• Property damage: Costs to repair or replace your vehicle and other damaged property.
• Emotional distress: Psychological effects such as anxiety, trauma, or other emotional harm caused by the accident.
• Loss of consortium: Damages to a spouse for the loss of companionship, support, or marital relationship resulting from serious injuries.
• Wrongful death: Funeral expenses, lost financial support, and other losses for family members after a fatality.

The types and amount of compensation available depend on your insurance coverage, the severity of injuries, and the circumstances of the accident.

Although you have the option to file a lawsuit against the uninsured driver, many lack sufficient assets or income to satisfy a judgment. For this reason, insurance-based recovery is often more practical, though a lawsuit may still be appropriate if the driver has identifiable assets or if damages exceed available insurance coverage.

Do I Need a Lawyer for an Uninsured Driver Accident?

Uninsured driver cases can be complex because recovering compensation often involves navigating your own insurance coverage and evaluating all available options. At RAM Law, our Monmouth County car accident lawyers can help you:

• Review your insurance coverage to understand how your UM and other policy provisions may apply to your claim.
• Gather evidence, such as accident reports, medical records, and other documentation needed to support your claim.
• Negotiate with the insurance company for full compensation for your injuries and losses.
• Determine whether other legal actions may be available, depending on the circumstances.

Legal guidance can help ensure you understand your rights and the options available for recovering compensation after an uninsured driver accident.

Frequently Asked Questions About Uninsured Driver Accidents

• Do I have to report an accident with an uninsured driver in New Jersey? Yes. New Jersey drivers are required to report accidents involving injuries, death, or significant property damage. 

• What should I do if an uninsured driver hits me? Call police, document the scene, and seek medical attention. You should also notify your insurance company and review your policy’s UM coverage.

• Will my insurance rates increase if I file an uninsured motorist claim? Filing a UM claim does not automatically increase your rates, but insurers may review the circumstances when evaluating future premiums.

• Can I still recover compensation if I am partially at fault for the accident? Possibly. Under New Jersey’s modified comparative negligence, you can still recover compensation if you are less than 50% responsible.

• What should I do after a car accident with an uninsured driver? Call 911, photo everything, gather witness information, seek medical attention, and notify your insurance company to start the claims process.

Monmouth County Car Accident Lawyers at Rebenack Aronow & Mascolo L.L.P. Help You Navigate Uninsured Motorist Claims

Navigating accidents involving uninsured drivers can be complex, especially when identifying avenues for compensation. Our experienced Monmouth County car accident lawyers at Rebenack Aronow & Mascolo L.L.P. can evaluate your insurance coverage, manage claims, and pursue the compensation you deserve. Call 732-247-3600 or contact us online to schedule a free consultation. Located in New Brunswick, Somerville, and Manalapan, New Jersey, we serve clients in the surrounding areas.