You’ve just been in a car accident. Stressful, right? But then comes the gut punch: the other driver has no insurance for this whole mess. Now what? Don’t panic. You’re not the first to face this, and believe it or not, New Jersey law has your back in a car accident when the other driver has no insurance. Ready to figure out your next move and how to stay protected? Let’s dive in.
Don’t Panic—Start with These First Steps
Immediately after the accident, safety and documentation are top priorities. Here’s what to do right away:
- Call the police—get an official accident report, which is critical for filing any insurance or legal claims;
- Seek medical attention—even if you feel okay, get checked out to document potential injuries;
- Gather information—get the other driver’s contact info, license plate, and any eyewitness statements;
- Take photos—document damage to both vehicles, the scene of the crash, and any visible injuries; and
- Notify your insurer—report the car accident as soon as possible, even if the other person has no insurance.
Taking these steps early helps preserve evidence and build a strong case, whether you’re seeking compensation through your policy or another source.
Can You File a Claim If, in a Car Accident, the Other Driver Has No Insurance?
Yes, if you have your own car with an auto insurance policy, or if you don’t have your own car, you are in a car that has an auto insurance policy. In New Jersey, your ability to recover compensation depends mainly on the type of auto insurance you carry. If you are in a car accident and the person who caused the accident has no insurance, or limited insurance, your own uninsured or underinsured coverage, (UM/UIM) or the uninsured/underinsured coverage on the vehicle that you are occupying may apply.
Uninsured motorist coverage is designed for exactly this situation. It can help pay for:
- Medical bills,
- Lost wages,
- Pain and suffering, and
- Property damage (if you also carry collision coverage).
Uninsured coverage is mandatory in New Jersey. Review your declarations page or contact your insurer to find out what you’re entitled to. Your uninsured/underinsured coverage should ALWAYS be as much as your liability coverage. Your UM/UIM coverage is there to protect you and your family from drivers with no or limited insurance.
What If You Don’t Have Uninsured Motorist Coverage?
Unfortunately, your options are more limited without UM coverage, but not impossible. You may consider:
- Filing a lawsuit—you can sue the at-fault driver personally;
- Filing a personal injury protection (PIP) claim—in New Jersey, your PIP coverage pays for medical expenses regardless of who caused the accident; and
- Pursuing other liable parties—if poor road conditions, defective parts, or third-party negligence played a role, you may be able to file a claim against another entity.
No matter your coverage, talking to a lawyer can help you make an informed decision based on your specific policy and situation.
Why Filing Quickly Matters
Time is not on your side. New Jersey’s statute of limitations for auto accident claims is generally two years from the crash date. So if you’re in a car accident and the other driver has no insurance, don’t wait to explore your options; waiting could jeopardize your entire case.
When the Other Driver Has No Insurance, Talk to a Lawyer
Even with UM coverage, navigating your rights after an accident with an uninsured driver isn’t always straightforward. Insurance companies may undervalue your injuries or delay your claim. And if you don’t have UM protection, it can be hard to know what to do next. A car accident attorney can review your policy, explain your options, and guide you toward the best path forward.
Why Clients Trust Petro Cohen, P.C.
At Petro Cohen, P.C., car accident claims aren’t just part of what we do; they’re a core focus of our practice. Our team has consistently been recognized for legal excellence and professional integrity. We’ve earned the highest rating (AV®) from Martindale-Hubbell for legal ability and ethical standards, and our attorneys have been named among New Jersey Super Lawyers® year after year. With decades of experience handling complex insurance disputes, including uninsured and underinsured motorist claims, we’re known for getting results while treating our clients with compassion and respect. From the first conversation through resolution, we fight for your rights and prioritize your recovery every step of the way.
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