Personal Injury Blog

New Jersey Motor Vehicle Accident Attorneys Pursue Claims Against Uninsured Drivers

What happens if you are injured by a driver who does not have insurance?

If you have been injured in a motor vehicle accident through no fault of your own, you are probably wondering what your legal options are for recovering medical bills and other expenses. At Leonard Legal Group, LLC, our motor vehicle accident attorneys are experienced in uninsured driver claims and pursue numerous options to ensure our clients obtain the compensation they deserve.

New Jersey follows a no-fault motor vehicle insurance model. This means that, in general, each driver’s own insurance policy covers certain damages after an accident. All vehicles that are registered in New Jersey must have liability insurance.

The minimum policy limits required by New Jersey law are $15,000 for the injuries or death of one individual, $30,000 for the injuries or death of multiple individuals, and $5,000 for property damage.

Most New Jersey drivers opt for the basic policy or the standard policy. The standard policy requires underinsured or uninsured motorist coverage, but the driver may select the limits. Under the basic policy, underinsured or uninsured motorist coverage is not required.

What are the benefits of uninsured motorist coverage?

If you have uninsured motorist coverage, you may receive compensation up to the limits you selected if you are in an accident caused by an uninsured motorist. An uninsured motorist is one who does not have the minimum amount of legally required insurance. Your uninsured coverage pays for the expenses you incurred due to the uninsured driver.

What if I do not have uninsured motorist coverage and am involved in an accident with an uninsured driver?

If your accident was caused by an uninsured driver, you may be able to recover damages from New Jersey’s Unsatisfied Claim & Judgment Fund. This fund provides compensation to certain individuals who are injured in hit-and-run accidents, by uninsured drivers, or even in accidents involving stolen vehicles. The fund compensates victims of pedestrian accidents, bicycle accidents, motorcycle accidents, and other types of crashes.

However, if compensation from the Unsatisfied Claim & Judgment Fund is not an option, it may be necessary to file a lawsuit against the uninsured driver. The amount of damages you may seek against an uninsured driver depend on the type of insurance policy you purchased, as many policies include only a limited right to sue.

Basic policies include only a limited right to sue. With a limited right to sue, you cannot sue a driver for pain and suffering unless you have suffered certain injuries, including:

  • Displaced fracture
  • Loss of a fetus
  • Significant disfigurement or scarring
  • Loss of a body part
  • Permanent injuries
  • Death

If you have a standard policy, you have the option to select an unlimited right to sue. You may pursue a claim for pain and suffering for any injury you have suffered.

With the guidance of our experienced New Jersey personal injury attorneys, all possible avenues of recovery are explored. Every motor vehicle accident claim is unique and presents certain challenges that must be overcome to prevail—however, by hiring our attorneys, you significantly increase your chances of recovering compensation.

To schedule a free consultation, call our New Jersey accident lawyers today

At Leonard Legal Group, our New Jersey accident attorneys aggressively pursue claims against uninsured drivers. We fight for you both inside and outside of the courtroom to ensure you receive every penny you deserve. To schedule a free consultation with our Morristown lawyers, call 973-984-1414 or visit us online.