What to Do If You’re Injured by an Uninsured Driver in New Jersey

Navigating the aftermath of a car accident can be overwhelming, especially if the at-fault driver is uninsured. In New Jersey, where insurance laws are complex, understanding your rights and options is crucial. This blog will guide you through the steps you should take if you’re injured by an uninsured driver, ensuring you are well-prepared to protect your rights and seek the compensation you deserve.

1. Understand New Jersey’s Insurance Requirements

New Jersey operates under a no-fault insurance system, which means that your insurance company will cover your medical expenses and other out-of-pocket costs regardless of who caused the accident. However, this coverage may not be sufficient if you’re dealing with significant injuries, especially if the at-fault driver is uninsured.

New Jersey drivers are required to carry a minimum amount of liability insurance, but unfortunately, not everyone complies with this law. When an uninsured driver causes an accident, it can complicate the process of recovering compensation for your injuries and damages.

2. Check Your Own Insurance Coverage

After ensuring your safety and seeking medical attention, the next step is to review your own auto insurance policy. Look for the following coverages:

Personal Injury Protection (PIP): PIP is mandatory in New Jersey and will cover your medical expenses up to your policy limits, regardless of who was at fault in the accident.
Uninsured Motorist (UM) Coverage: This is an optional coverage in New Jersey that provides compensation if you’re injured by a driver who does not have insurance. UM coverage can help cover medical expenses, lost wages, and other damages that PIP may not fully cover.
Underinsured Motorist (UIM) Coverage: Similar to UM coverage, UIM kicks in if the at-fault driver’s insurance is insufficient to cover your damages. It’s important to know that UM and UIM coverages are often bundled together, providing an extra layer of protection.

If you have UM or UIM coverage, this can be a crucial resource in ensuring you’re compensated for your injuries when the at-fault driver is uninsured.

3. Report the Accident to the Police

Always report any car accident to the police, especially if there are injuries involved. The police report will be an essential piece of evidence in any insurance claim or legal action you may pursue. Be sure to provide all necessary details, including your account of the accident and any visible injuries.

The police report will also document the fact that the other driver was uninsured, which will be crucial when filing a claim with your insurance company.

4. Notify Your Insurance Company

As soon as possible, report the accident to your insurance company. Provide them with all the information they require, including the police report, photos of the accident scene, and medical records. Be honest and thorough in your account of the accident.

Your insurance company will then begin the process of investigating the claim. If you have UM or UIM coverage, they will handle the claim under those provisions. Keep in mind that insurance companies often try to minimize payouts, so be prepared to negotiate and provide all necessary documentation to support your claim.

5. Seek Medical Attention Immediately

Even if you feel fine after the accident, it’s crucial to seek medical attention as soon as possible. Some injuries, like whiplash or internal injuries, may not be immediately apparent. A medical professional can properly assess your condition and provide documentation of your injuries, which will be essential for your insurance claim or any legal action you pursue.

Ensure that all your medical treatments and expenses are well-documented, as this will be vital evidence when seeking compensation from your insurance company.

6. Document Everything

Documentation is key in any personal injury claim. From the moment of the accident, start gathering evidence. This includes:

Photos of the accident scene, damage to the vehicles, and any visible injuries.
Witness statements and contact information.
Copies of the police report and any citations issued.
Medical records and bills.
Communication with your insurance company.

The more evidence you have, the stronger your case will be when seeking compensation from your insurance company or pursuing legal action.

7. Consult with a New Jersey Personal Injury Attorney

Navigating an uninsured motorist claim in New Jersey can be a daunting task, especially when insurance companies prioritize minimizing payouts. Consulting with a skilled personal injury attorney at Drazin & Warshaw can significantly impact the outcome of your case.

Our attorneys will help you understand your legal rights, advocate on your behalf with the insurance company, and, if necessary, pursue legal action to secure the full compensation you deserve. Whether your claim is denied or the settlement offer is insufficient, we’re here to ensure your interests are fully protected.

8. Consider Legal Action

If your insurance coverage is insufficient to cover your damages, or if your insurance company denies your claim, you may need to consider legal action. This could involve suing the uninsured driver directly, although this can be difficult if they lack assets or income.

In some cases, your attorney may recommend pursuing a lawsuit against your own insurance company if they act in bad faith by denying your claim or offering an inadequate settlement. While this is a more complex route, it may be necessary to secure the compensation you need to cover your medical expenses, lost wages, and other damages.

9. Protect Your Credit

Medical bills can pile up quickly after an accident, and if you’re unable to pay them while waiting for your insurance claim to be resolved, they can negatively impact your credit score. To protect your credit, communicate with your healthcare providers about your situation. Many providers are willing to work out payment plans or delay collection efforts while you await your insurance settlement.

10. Stay Informed and Vigilant

Always stay informed about your case and remain vigilant in following up with your insurance company and attorney. Personal injury cases involving uninsured drivers can take time to resolve, but staying proactive will help ensure that your case is handled as efficiently as possible.

Navigating Your Rights After an Accident with an Uninsured Driver in NJ

Being injured by an uninsured driver in New Jersey can add stress to an already difficult situation, but by understanding your insurance coverage, documenting everything, and consulting with a knowledgeable attorney, you can protect your rights and pursue the compensation you deserve.

Drazin & Warshaw is here to help guide you through this process, ensuring that you are not left shouldering the burden of an accident caused by an uninsured driver. Contact us today for a consultation, and let us help you get the justice you deserve.

Don’t Face an Uninsured Driver Claim in New Jersey Alone—Contact Drazin & Warshaw Today

If you’ve been injured by an uninsured driver in New Jersey, don’t navigate the complexities of your case alone. At Drazin & Warshaw, we’ve been helping victims across Monmouth, Ocean, and Middlesex counties secure the compensation they deserve for over 70 years. Whether you’re in Red Bank, Hazlet, or Brick Township, our experienced personal injury attorneys are ready to fight for your rights.

Call us today at (732) 333-8141 or complete our online contact form to start your path to recovery.