Uninsured Motorist Claims in NJ: What Are Your Options?

A car accident is stressful enough, but when you discover the other driver has no insurance, it makes matters much more complex. Please read this to learn whether you can still recover damages if the accident involved an uninsured motorist and how our determined Jersey City Car Accident Lawyers can help you fight for the justice you deserve.

Can You Still Recover Damages If the Accident Involved an Uninsured Driver? 

Contrary to popular belief, you can still recover damages after an accident with an uninsured driver in New Jersey. This is achieved primarily through your own Uninsured Motorist (UM) coverage or by pursuing legal action against the driver directly. UM coverage provides compensation for property damage and bodily injury if you are in an accident with a motorist who does not have the minimum level of insurance required by law, flees the accident scene, or a motorist who is insured but has less coverage than your UM coverage. 

Can You Sue the Uninsured Driver Personally? 

Generally, you can sue an uninsured driver in New Jersey, but winning the case is usually easier than actually receiving compensation for your damages. Motorists without insurance often lack significant assets, making a judgment incredibly difficult to enforce. 

Nevertheless, some uninsured drivers have assets like property, savings, or business holdings. As such, a lawyer can investigate their financial situation to determine whether a lawsuit is appropriate or if pursuing UM benefits is a more effective strategy. 

When UM coverage is available, a lawyer is tasked with aligning the UM claim with any lawsuit against the at-fault driver. This involves following policy rules regarding timing, notices to the insurer, obtaining consent for settlements, and handling arbitration or litigation. Handling your case alone can result in costly mistakes, such as inadvertently waiving your rights to UM benefits by signing a release. A lawyer at Lerner, Piermont, Riverol & Lawlor, P.A., can help you protect your rights. 

What Steps Should I Take After Being Hit by an Uninsured Driver in New Jersey? 

If you have been injured in a car accident and the other driver is uninsured, you should imemdiately reach out to emergency services to file an official report. From here, you should exchange information with the other driver, including names, contact details, and plate numbers. If you are physically capable, you must capture photos of the vehicles involved, the road condition, and any visible injuries. 

Additionally, you should get any witnesses’ contact information, as they may be able to corroborate your version of the events later. It is important to report the accident to your insurer promptly. However, do not provide any recorded statements to safeguard your interests. 

Speaking to an experienced Jersey City car accident lawyer at Lerner, Piermont, Riverol & Lawlor, P.A. is in your best interest. Our legal team is prepared to explain your options and collect evidence. Connect with us today to schedule a consultation.