Suing an Uninsured Driver for Damages in New Jersey

Being wounded in a vehicle accident is a stressful experience in and of itself. However, things get much more complicated when the culpable driver lacks insurance.
Accident victims must carefully manage the legal and financial obstacles while suing uninsured drivers for damage in New Jersey. It is crucial to comprehend your rights, alternative options, and the New Jersey legal system if you find yourself in such a circumstance to get your rightful compensation.
Automobile Driving in New Jersey Without Insurance
All drivers in New Jersey are required to maintain minimal amounts of vehicle insurance. State law mandates that a typical vehicle insurance coverage must offer at least:
- $15,000 for bodily injury per person, $30,000 per accident
- $5,000 for property damage per accident
However, drivers in New Jersey can also choose minimal insurance, which provides little to no bodily harm liability coverage. Drivers may be legally categorized as uninsured if they decide not to include such coverage or let their insurance expire. Other drivers are seriously at risk from this group, particularly in the case of a severe mishap.
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The Role of Uninsured Motorist (UM) Coverage
Uninsured motorist (UM) coverage is a feature of most regular vehicle insurance. It is one of the main protective measures for responsible drivers in New Jersey.
With this kind of coverage, you can get compensation from your insurer for losses the accountable (and uninsured) motorist would have been liable for.
Although you can select a lesser level, UM coverage typically reflects the limitations of your physical injury liability coverage. You can submit a UM claim to your insurance company if an uninsured motorist hits you to get payment for:
- Medical expenses
- Lost income
- Pain and suffering
- Property damage (if included in your policy)
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Can You File a Lawsuit Against an Uninsured Driver?
You can seek compensation in New Jersey by bringing legal action against a negligent driver who is not insured. However, it is a different scenario if you will truly receive recompense.
Many uninsured drivers do not possess enough assets or money to pay off a court order. This implies that whether the driver has assets or is collecting income, you could not see any monetary compensation even if you gain your case.
Lawsuits are more feasible in situations where:
- The uninsured car drivers possess substantial assets, either personal or business.
- Willful misbehavior or extreme carelessness was involved in the accident.
- A court order may permit property liens or wage garnishment.
However, when a lawsuit is filed against an uninsured person, the injured party is still responsible for paying the damages because the decision is usually unenforceable.
Consider Alternative Approaches to Compensation
Victims still have other options for compensation if suing an uninsured driver isn’t a workable solution:
Personal Injury Protection (PIP) Coverage
New Jersey is a no-fault state. So, regardless of who caused the accident, your personal PIP policy will cover your medical bills and other costs. A minimum of $15,000 per person and per accident must be included in every car policy, with the option to have higher coverage. Coverage can go up to $250,000 in situations of severe injury.
PIP includes:
- Medical treatment
- Rehabilitation costs
- Lost wages
- Essential services include housekeeping or childcare.
UM Coverage Claim
As previously stated, when the culprit driver is uninsured, uninsured driver coverage from your insurance might provide a vital financial lifeline.
Third-Party Liability
In certain situations, the accident may have been partly caused by other people or organizations. Among the examples are:
- If the accident happened when the driver was at work, the employer of the uninsured driver
- If a flaw in the car, the manufacturer caused the accident
- If inadequate road upkeep was a contributing issue, a government agency
These parties have the financial means or insurance coverage to cover damages and might be held legally liable.
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New Jersey Legal Assistance for Filing a Lawsuit Against an Uninsured Driver
It is challenging to deal with legalities, including an uninsured car driver. A professional personal injury lawyer in New Jersey can assist in:
- Assessing your case
- Finding possible sources of compensation
- Helping you with the court proceedings
Expert legal guidance greatly increases your chances of a successful conclusion, whether:
- Seeking third-party culpability
- Filing an uninsured motorist claim
- Contemplating a civil case
Contact a New Jersey Car Accident Lawyer
Have you or a loved one suffered injuries in a New Jersey car accident brought on by an uninsured driver? You shouldn’t have to deal with the legal and financial difficulties alone.
Through all available legal avenues, CourtLaw Injury Lawyers is dedicated to assisting accident victims in obtaining the compensation they are entitled to. We serve our clients in the surrounding areas of NJ, including:
- Perth Amboy
- Jersey City
- Newark
- New Brunswick
- East Orange
- Elizabeth
For a free consultation, call (732) 442-5900 or use our online form. Allow our injury lawyers Jersey to defend your rights and assist you in getting the money you need to continue your life.