Car Accident with an Uninsured Driver | What to Know

Being involved in a car accident can be incredibly stressful and overwhelming. However, matters may be made even more complex if you discover that the driver responsible for the collision does not have insurance. However, it’s important to understand that there are still legal options you may pursue to recover the compensation you deserve. As such, if you are involved in an accident in New Jersey, the following blog and Monmouth County auto accident attorney can assist you through these times to help you protect yourself and your right to compensation.

Immediate Steps to Take After a Crash With an Uninsured Driver

Your actions in the immediate aftermath of a collision can significantly impact the outcome of your claim. As such, it’s imperative to remain as calm and collected as possible. You should take the following steps to best protect yourself:

• Call 911 to request the police and emergency medical technicians at the scene
• Do not apologize or allude to fault
• Exchange contact and vehicle information with the other driver at the scene
• Take photos and videos of the damage to each vehicle, visible injuries, and road conditions
• Seek medical attention as soon as possible, even if you feel okay

Obtaining early documentation and evidence is critical during uninsured motorist claims in Central New Jersey, as it can help prevent disputes as the matter proceeds.

Common Causes of New Jersey Auto Accidents

The majority of car accidents in Monmouth County are due to driver negligence, including collisions caused by uninsured motorists. The most common examples of negligence include:

• Driving under the influence of drugs or alcohol
• Driving while fatigued
• Tailgating
• Making illegal turns
• Distracted driving (most commonly, texting)
• Carelessly changing lanes
• Speeding
• Driving recklessly by ignoring traffic lights, signs, and all other rules of the road

How Claims Work After an Accident With an Uninsured Driver In New Jersey

New Jersey is a no-fault accident state. This means that all drivers must carry the minimum personal injury protection as required by law. Additionally, drivers will generally begin by filing a claim against their own insurance policy, even if they were not at fault for the collision.

Important Information to Provide to Your Insurance Company

• Have your insurance card out for your policy number
• Provide the date, time, and location of the accident
• Give a clear description of how the accident occurred
• Provide them with the contact and vehicle information for the other party involved
• Give information about the medical providers seen after the collision
• Provide the name of the police department along with the report number

Uninsured and Underinsured Motorist Coverage (UM/UIM): What It May Cover

When you are involved in a collision in Monmouth County with a driver who does not have auto insurance (uninsured motorist) or a driver whose policy is not high enough (underinsured motorist), your own policy may provide compensation for:

• Outstanding medical expenses not covered by your personal injury protection policy
• Lost wages
• Out-of-pocket expenses incurred after the accident
• Pain and suffering (when allowed by law)

It’s important to understand that your UM/UIM insurance will vary based on your specific policy and the verbal threshold tort rights you selected when purchasing your auto insurance policy

When You May Be Able to File a Lawsuit Under a No-Fault System

Though New Jersey is a no-fault accident state, ultimately restricting your ability to file a lawsuit against a negligent driver, you may be able to pursue a claim if:

• Your medical expenses exceed your policy’s coverage
• The policy carries a “no limitation on lawsuit” option
• Your injuries meet the “serious injury” threshold (permanent loss of bodily function, severe fractures, significant disfigurement)

However, your compensation may be limited by the driver’s ability to pay your award. As such, ensuring you have UM/UIM coverage on your policy is critical.

Evidence That Can Help Strengthen an Uninsured Motorist Claim

In the event that you are struck by an uninsured motorist while driving in Central New Jersey, there are steps you can take to help improve your chances of a successful claim.

Evidence That May Support Your Claim

• Police reports
• Medical records and bills
• Treatment notes
• Photos and videos of the accident scene
• Wage-loss documentation
• Witness contact information and statements

Contact Our Monmouth County Car Accident Attorneys

Retaining an experienced personal injury attorney after an injury-causing accident is the most effective way to ensure that you receive the compensation to which you are legally entitled. That is why it is in your best interest to connect with an experienced attorney with the Wilton Law Firm. To learn more about how we can help you, contact our firm to discuss your circumstances with a member of our competent legal staff.