Car accidents are stressful enough on their own, but the situation becomes even more complicated when the other driver doesn’t have car insurance. In New Jersey, all drivers are legally required to carry auto insurance, yet accidents involving uninsured drivers still happen. If you're in a crash with someone who is uninsured or underinsured in Edison, you may wonder how you’ll recover your medical expenses, lost wages, and other damages.
At Lombardi & Lombardi, P.A., our experienced Edison personal injury lawyers help clients understand their options and fight for the compensation they deserve—even in the most complex situations involving uninsured drivers.
Can You Still Recover Compensation If the Other Driver Has No Insurance?
Yes, but how you recover compensation largely depends on your own insurance policy. New Jersey is a “no-fault” state, which means that after most accidents, your own insurance pays for your medical treatment through Personal Injury Protection (PIP) coverage, regardless of who caused the crash.
However, PIP doesn’t cover things like pain and suffering or property damage. To pursue those additional damages, you’d typically file a claim against the at-fault driver. If that driver has no insurance, this becomes challenging, but not impossible.
What Is Uninsured Motorist (UM) Coverage?
Uninsured motorist coverage is designed to protect you when the at-fault driver has no insurance at all. Most standard New Jersey auto insurance policies include UM coverage, though the limits can vary.
If you have UM coverage, you can file a claim with your own insurer to seek compensation for:
- Pain and suffering
- Lost income beyond PIP coverage
- Property damage
You must prove that the other driver was at fault, just as you would in a regular personal injury claim.
What If the Driver Has Some Insurance, But Not Enough?
In this case, Underinsured Motorist (UIM) coverage may apply. This kicks in when the at-fault driver has insurance, but their policy limits aren’t high enough to fully cover your losses. Your UIM coverage can make up the difference—again, up to the limits in your policy.
It’s worth noting that UIM and UM coverage only apply if you’ve selected them as part of your policy. If you opted for a basic policy without these protections, your options may be limited.
Can You Sue an Uninsured Driver Directly?
Yes, you can sue an uninsured driver in civil court, but the practical problem is collecting. Many uninsured drivers don’t have enough assets to pay a judgment. Even if you win the case, getting paid can be difficult. This is why having sufficient UM/UIM coverage is so important.
Before pursuing this route, an experienced Edison car accident lawyer can help you assess whether suing the at-fault driver is worth the time and cost.
Should You Notify Your Insurance Company Right Away?
Yes. If you suspect the other driver has no insurance or only minimal coverage, notify your insurer as soon as possible. Delaying your UM/UIM claim could jeopardize your ability to collect benefits under your policy. It’s also wise to consult with a personal injury lawyer early in the process so that you don’t make any missteps that could harm your claim.
How Can an Edison Personal Injury Lawyer Help?
Handling a car accident involving an uninsured driver is complex. Insurance companies often try to reduce payouts, even under your own policy. A skilled lawyer from Lombardi & Lombardi, P.A. can:
- Investigate the accident and determine fault.
- Review your insurance coverage and identify all available sources of compensation.
- Negotiate with your insurer to maximize your UM/UIM benefits.
- File a personal injury lawsuit if appropriate.
Our firm has decades of experience handling car accident claims in Edison and across Middlesex County. We know how to deal with reluctant insurance companies, and we won’t back down when your recovery is on the line.
Injured by an Uninsured Driver in Edison? Contact Our Edison Personal Injury Lawyers at Lombardi & Lombardi, P.A. Today.
Don’t let a lack of insurance stop you from getting the compensation you deserve. Contact our Edison personal injury lawyers at Lombardi & Lombardi, P.A. for a free consultation. We’ll help you understand your rights and guide you through every step of your claim. Call 732-906-1500 or contact us online today. Located in Brick, Freehold, Edison, Toms River, New Jersey, we serve clients across the state, including Point Pleasant.
