If you were hit by an uninsured driver down the shore this summer, you’re probably wondering how you’ll cover your medical bills or whether you have any legal options at all. The good news? New Jersey law provides protections, and you may still be entitled to compensation.
Whether the other driver was a tourist, a local resident, a commercial truck driver, or a seasonal worker, accidents involving uninsured motorists are all too common along the shore this time of year. Roads from Atlantic City to Ocean City get crowded quickly, and unfortunately, not every driver carries the insurance they’re legally required to have.
At The Law Offices of Richard A. Stoloff, we help injured drivers, passengers, pedestrians, and cyclists across Atlantic County and South Jersey get answers and recover what they’re owed. If you're in this situation, here’s what you need to know to protect your health, your rights, and your ability to recover compensation.
1. Prioritize Your Safety and Get Medical Attention
Immediately after the crash, call 911 and request emergency assistance if anyone is injured. Even if your injuries seem minor, it’s crucial to see a doctor as soon as possible. Some injuries, such as whiplash, concussions, or internal trauma, may not show symptoms right away.
Getting medical care also creates a formal record of your injuries, which can support your insurance claim or personal injury case later on.
2. Call the Police And Make Sure a Report Is Filed
Always involve law enforcement in any crash involving an uninsured driver. A police report will serve as an official record of what happened and may help establish liability. Be sure to tell the officer if the other driver admits to not having insurance, or if their behavior seems suspicious or evasive.
Request a copy of the report when it becomes available. It can be critical evidence in any future legal action or insurance dispute.
3. Document Everything at the Scene
If it’s safe to do so, gather the following:
- Take photos of vehicle damage, license plates, road conditions, and any visible injuries
- Collect names and contact information for all involved parties and witnesses
- Write down your version of events while the details are still fresh
Even though the other driver may not have insurance, this documentation will still be useful when filing a claim through your own policy or seeking compensation in court.
4. Understand How New Jersey’s Insurance System Works
New Jersey is a no-fault insurance state, which means your own policy, specifically your Personal Injury Protection (PIP), covers your medical expenses, regardless of who caused the crash.
But when the at-fault driver is uninsured, recovering other damages like lost wages, pain and suffering, or property damage can be more complicated. That’s where Uninsured Motorist (UM) coverage may come into play.
UM coverage can help pay for medical bills, lost wages, and other damages when the at-fault driver has no insurance.
Tip: Many New Jersey drivers don’t realize their own policy includes UM/UIM coverage. It’s designed for exactly these situations—when the other driver can’t pay.
Similar Post: When Insurance Isn’t Enough After a Crash: Your Options for Third-Party Compensation in NJ
5. Contact Your Insurance Company, but Be Cautious
Report the accident to your insurer promptly. Importantly, be mindful of what you say. Keep the conversation factual and avoid making statements that could be interpreted as admitting fault.
Insurance companies, even your own, may try to limit payouts. Before giving a recorded statement or accepting any settlement, it’s wise to speak with a lawyer who can help you understand the full value of your claim.
6. Talk to a South Jersey Personal Injury Attorney
These cases often involve complex insurance coverage issues, especially if the crash caused significant injury or financial hardship. An experienced personal injury lawyer can:
- Review your insurance policy to identify available coverage
- Help you file a UM/UIM claim
- Negotiate with your insurer to pursue the full compensation your policy allows
- File a personal injury lawsuit if needed
The sooner you contact an attorney, the more effectively they can preserve evidence, advise you on next steps, and deal with insurers on your behalf.
Similar Post: What to Do Immediately After a Car Accident in New Jersey: A Step-by-Step Guide
7. Don't Wait: Time Limits May Apply
In New Jersey, there are strict deadlines for filing personal injury claims. In most cases, you have two years from the date of the accident to file a lawsuit. That being said, insurance companies often impose shorter windows for reporting crashes or filing claims, so it’s important not to delay.
If the accident involved a government vehicle, different rules may apply, and you could have as little as 90 days to file a notice of claim.
FAQs: Uninsured Driver Accidents in New Jersey
1. What if the driver fled the scene?
If it was a hit-and-run, your uninsured motorist coverage may still apply. A police report will help support your claim.
2. Can I sue an uninsured driver directly?
Yes, but if they have no assets or income, collecting compensation may be difficult. A lawyer can help assess whether a lawsuit is worth pursuing.
3. Does my insurance go up if I use my UM coverage?
Generally, using uninsured motorist coverage should not increase your premiums, but policies vary. Your attorney can guide you based on your insurer’s practices.
4. Can I still get compensation if the other driver had no insurance and no assets?
Yes, you may still be able to recover compensation through your own uninsured motorist coverage. An attorney can help you understand your options based on your policy and the details of the accident.
Injured by an Uninsured Driver in New Jersey? Get Legal Help from The Law Offices of Richard A. Stoloff
Being hit by an uninsured driver, especially during the busy summer shore season, can feel like a nightmare. But you’re not out of options. With the right legal guidance, you can pursue compensation through your own policy and, in some cases, the courts.
At The Law Offices of Richard A. Stoloff, we’ve helped countless clients in Atlantic City, Linwood, Egg Harbor Township, Pleasantville, and across South Jersey recover the compensation they need to move forward.
Call today or use our contact form to schedule a free consultation to learn how we can help protect your rights and explore every path to compensation – even when the other driver has no coverage.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship.