FREE CONSULTATIONS 856.983.8695

NJ Car Accident Law: What Happens if the Driver At Fault Does not Have Car Insurance?

Philip Ciprietti, NJ Car & Truck Accident Lawyer

Philip Ciprietti offers clients a genuine interest in their well-being and success and places clients’ interests first in all matters. Since 1982, Mr. Ciprietti has been certified by the NJ Supreme Court as a Certified Civil Trial Attorney.

Review: "His commitment and his willingness to go the extra mile, to fight hard for you make Phil an outstanding attorney. He is the one you want on your side." Read more testimonials.

All New Jersey drivers who own a car, truck or SUV registered in this state must carry auto insurance for their vehicles.  If drivers do not own a car, but drive a family member’s car, they must be covered under the relative’s car insurance policy, i.e., their parent or spouse’s policy.  If an insured driver causes an accident, the insured driver’s liability coverage would come into play and pay for the injured victims’ damages and injuries, up to the limit purchased. Under NJ car insurance laws, the minimum liability coverage required for NJ car insurance policies is $15,000 per person, up to $30,000 per single accident.

The Importance of Uninsured Motorist (UM) Coverage in NJ

Unfortunately, some NJ drivers violate the law and drive on NJ roadways and highways without auto insurance coverage. What happens to a victim who sustains injuries and damages as the result of a car accident caused by an uninsured driver? In this situation, the injured victim’s own car insurance policy becomes very important.  If the injured victim has an applicable car insurance policy, i.e., her own car insurance policy or she is covered under her parent, spouse or relative’s car insurance policy, she may file an uninsured motorist (UM) claim with the applicable insurance company.

What is UM Coverage?

UM coverage is a type of coverage that comes into play when the other driver who caused the car accident does not have insurance coverage.  For example, if an insured driver is hit head-on by an uninsured driver and sustains serious injuries, the injured insured driver would not usually recover financial compensation from the uninsured driver.  Instead, the injured insured driver would file a UM claim with her own car insurance policy to obtain financial recovery for the damages sustained, up to the limit purchased.

When purchasing a car insurance policy, the insured can choose to buy or decline UM coverage.  It is not mandatory for an insured driver to carry UM coverage; however, it must be offered to the buyer by the insurance adjuster.

What is UIM Coverage?

UM coverage goes hand in hand with underinsured motorist (UIM) coverage.  Whatever amount of coverage a driver chooses for UM is the same amount of coverage for UIM.  UIM applies when the driver at fault has insurance, but the liability coverage is not enough to compensate the injured victim for her injuries.  For example, a driver who causes a car accident only has minimum liability coverage ($15,000), and the other, innocent driver sustains serious injuries and damages which exceed $15,000. The injured victim would file a UIM claim with her own car insurance carrier after first recovering the $15,000 from the insurance company of the driver at fault. For more information about NJ UIM claims, see NJ Car and Truck Accident Lawyer Talks About When to File an Uninsured/Underinsured (UM/UIM) Motorist Claim in a Car or Truck Accident.

If a driver declines UIM/UM coverage, she has to sign a form to decline coverage.  If an insured driver was never offered UIM/UM coverage by the insurance adjuster and/or did not sign a form declining coverage, the insured driver may still be eligible for UIM coverage if she needs to file a UIM claim after a car accident.

Help Filing a UIM/UM Claim in NJ

Filing a UIM/UM claim in New Jersey can be overwhelming and complicated.  It is best to seek the help of a NJ car accident injury lawyer who understands NJ auto insurance and car accident law.  Call Philip T. Ciprietti, Esq. to schedule a free consultation. Mr. Ciprietti has been representing injured victims for over 35 years in New Jersey. 800-281-8695

Car Accident Law Articles

Review of Philip Ciprietti (NJ Store Fall Down Case)

Review of New Jersey Personal Injury Lawyer, Philip T. Ciprietti, Fall Down Accident Lawyer "I have never worked with an attorney before. Philip Ciprietti was very patient, attentive and responsive towards me. He did not rush me out of his office like I've heard most...

Review of Philip Ciprietti (March 2019)

March 22, 2019 Mr. Ciprietti is an attorney that will always work his hardest to ensure the best interest for his client. His office is always available to answer any questions you have about your case. The staff is friendly and compassionate to all your concerns and...

New Jersey Pedestrian/Car Accidents: Damages Pedestrians Can Recover

According to the New Jersey Division of Highway Traffic Safety, a disproportionate number of New Jersey pedestrians are hurt/killed by cars and trucks when compared to the nation as a whole. *Source: www.nj.gov Prior to April 2010, NJ car and truck drivers only needed...

South New Jersey Roadway Accidents, Routes 30, 38, 70 & 73

Auto accidents in South New Jersey are very common and occur on all major highways and roadways. Highways in South NJ include the NJ Turnpike, Garden State Parkway and Atlantic City Expressway. In addition, auto accidents also occur on smaller highways and roads, such...

Review of Philip Ciprietti (NJ Car Accident Case)

New Jersey car accident victims give rave review of New Jersey Car accident lawyer, Philip Ciprietti "We have utilized the services of Philip Ciprietti for the past 25 years for many various legal services.  His office has always made us feel that our needs were...

FREE CONSULTATIONS

    Spam:  

    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.

    OUR OFFICE

    79 S. Maple Avenue
    Marlton, NJ 08053
    Phone: 856.983.8695
    Fax: 856.983.0015
    Toll Free: 800.281.8695

    Google Map/Directions