NJ uninsured motorist coverage cases in New Jersey require experienced legal representation. At Maxwell, Tassini & Gardner, LLC in Spring Lake, we help injured clients throughout Monmouth and Ocean counties pursue their NJ uninsured motorist coverage claims. If you need a NJ uninsured motorist coverage attorney who understands New Jersey law, call (732) 230-5003 for a free consultation.
What If the Other Driver Has No Insurance? UM/UIM Coverage in NJ
Being injured in a car accident is stressful enough. Discovering that the driver who hit you has no insurance—or not enough insurance to cover your injuries—adds another layer of frustration and uncertainty. Fortunately, New Jersey law provides mechanisms to protect accident victims in these situations through Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage.
Understanding UM and UIM Coverage in New Jersey
Under N.J.S.A. 17:28-1.1, every standard auto insurance policy in New Jersey must include uninsured and underinsured motorist coverage unless the policyholder specifically rejects it in writing. UM coverage applies when the at-fault driver has no liability insurance at all. UIM coverage applies when the at-fault driver’s insurance limits are insufficient to cover your damages.
For example, if the at-fault driver carries only $15,000 in liability coverage but your medical bills and other damages total $100,000, your UIM coverage would potentially cover the $85,000 difference, up to the limits of your own policy.
How to File a UM or UIM Claim
A UM or UIM claim is filed with your own insurance company, not the at-fault driver’s carrier. You must notify your insurer promptly after learning that the other driver is uninsured or underinsured. Your insurer will investigate the claim similarly to how a liability carrier would. If you cannot reach a fair settlement, most NJ auto policies require that UM/UIM disputes be resolved through arbitration rather than a lawsuit.
PIP Benefits Still Apply
Regardless of the other driver’s insurance status, your PIP coverage still pays for your medical treatment and lost wages under New Jersey’s no-fault system (N.J.S.A. 39:6A-4). PIP benefits are available immediately and do not depend on proving fault. UM/UIM coverage addresses the additional damages—pain and suffering, permanent injury, and losses exceeding your PIP limits—that PIP does not cover.
What If I Do Not Have UM/UIM Coverage?
If you elected a basic auto policy or waived UM/UIM coverage, your options become more limited. You may be able to pursue the at-fault driver personally, but collecting a judgment from an uninsured driver is often impractical. This is one reason why personal injury attorneys strongly recommend purchasing the highest UM/UIM limits you can afford. If you were a passenger in a car accident, you may be able to access UM/UIM coverage from the vehicle in which you were riding.
Hit-and-Run Accidents
New Jersey treats hit-and-run accidents similarly to uninsured motorist claims. If the at-fault driver fled the scene and cannot be identified, your UM coverage may apply. However, you must report the hit-and-run to the police within 24 hours and to your insurance company promptly to preserve your claim.
Why Legal Representation Matters
UM and UIM claims can be contentious because you are essentially making a claim against your own insurance company—the same company you pay premiums to. Insurers often dispute the severity of injuries, the extent of damages, or whether the at-fault driver’s coverage is truly insufficient. An experienced personal injury attorney can negotiate effectively with your insurer, handle the arbitration process if necessary, and ensure you receive the full benefits your policy provides.
Contact MTG Lawyers Today
Maxwell, Tassini & Gardner, LLC
302 Washington Avenue, Suite 101
Spring Lake, NJ 07762
Phone: (732) 230-5003
Serving Monmouth and Ocean counties
If you were injured in an accident in New Jersey, you may have a compensable claim. Call MTG Lawyers at (732) 230-5003 for a free, no-obligation consultation. We speak English and Spanish. Hablamos español.
Understanding your NJ uninsured motorist coverage case is essential. Our attorneys handle NJ uninsured motorist coverage matters daily and know how to maximize your recovery. A NJ uninsured motorist coverage attorney at Maxwell, Tassini & Gardner, LLC can evaluate your claim during a free consultation.
Learn More About NJ uninsured motorist coverage
For more information about nj uninsured motorist coverage, explore these related resources:
- NJ hit and run accident — related guide from MTG Lawyers
- NJ PIP no-fault insurance — related guide from MTG Lawyers
- file NJ auto insurance claim — related guide from MTG Lawyers
- N.J.S.A. 17:28-1.1 UM/UIM — official NJ resource
For personalized guidance on nj uninsured motorist coverage, contact MTG Lawyers for a free consultation. Call (732) 230-5003 or reach out online today. Our NJ personal injury attorneys have helped thousands of accident victims recover the compensation they deserve.