Key Takeaways:
- An injured driver’s own uninsured or underinsured motorist coverage often pays when the other driver has little or no insurance.
- Hit-and-run crashes may qualify for uninsured motorist benefits.
- Settling with the other driver’s insurer before notifying the injured driver’s own insurer can put an underinsured motorist claim at risk.
Experienced Monmouth County car accident lawyers help injured drivers recover compensation when the person who caused the crash has little or no insurance. In most cases, the money comes from the injured driver’s own policy through uninsured or underinsured motorist coverage. These claims revolve around police reports, written notice before any settlement, and insurers looking to pay less.
What Happens if the Driver Who Hit You Has No Insurance or Not Enough?
When the driver at fault carries little or no coverage, the injured person’s own auto policy often fills the gap:
- Uninsured Motorist (UM) Coverage: Pays when the responsible driver has no insurance, so each uninsured driver claim NJ policyholders file goes to their own insurer.
- Underinsured Motorist (UIM) Coverage: Steps in when the other driver’s limits are too low to pay for the injuries.
How UM and UIM Coverage Works in New Jersey
New Jersey requires UM coverage on standard auto policies, and drivers choose their UIM limits. UIM applies only when the other driver’s limits fall below the injured person’s UIM limits. If the other driver carries $35,000 and the injured driver bought $100,000 in UIM coverage, UIM could pay up to $65,000 more.
Hit-and-Run Accidents on Route 9, Route 35, and the Garden State Parkway
UM coverage also applies when a driver flees, and police cannot identify the owner or operator. These crashes happen on busy roads like Route 9 in Freehold, Route 35 in Middletown, and the Garden State Parkway near Holmdel. Insurers typically want proof that the crash happened, so a prompt police report is the first step after any “hit-and-run accident” Monmouth County drivers experience.
Why You Must Notify Your Own Insurer Before Settling With the Driver at Fault
Before accepting a settlement from the other driver’s insurer, the injured person must send written notice to their own UIM insurer. This step, often called “Longworth notice,” gives the insurer 30 days to approve the deal or pay the offered amount itself, which preserves its right to sue the driver who caused the crash. Skipping that notice can jeopardize an underinsured motorist claim New Jersey law would otherwise allow.
Your Own Insurance Company Is Not on Your Side in a UM and UIM Claim
Once a UM or UIM claim begins, the injured person’s own insurer becomes the opposing side, and it often disputes fault, injuries, and value. Many disputes go to arbitration, although some cases move to the Monmouth County Courthouse in Freehold. A car accident lawyer Monmouth County residents hire can gather medical proof and push back on low offers.
Frequently Asked Questions (FAQs):
Where can someone get a police report after a crash in Monmouth County?
Contact the responding law enforcement agency, such as the Howell Township Police Department or the New Jersey State Police for Parkway crashes.
How much UIM coverage can a New Jersey driver buy?
New Jersey lets drivers buy UIM limits up to their own liability limits, and higher limits mean more UIM coverage NJ car accident claims can access.
Does a lawyer charge upfront fees for a UM or UIM claim?
Many personal injury lawyers work on “contingency,” so an auto accident lawyer in Monmouth County you call typically collects a fee only if the case recovers money.
Turn an Uninsured Driver Crash Into a Fair Recovery With Our Skilled Monmouth County Car Accident Lawyers at Lombardi & Lombardi, P.A.
We can explain your best course of action after an uninsured driver hits you. To learn more, contact our Monmouth County car accident lawyers at Lombardi & Lombardi, P.A. Call 732-906-1500 or complete our online form today for a free consultation. With office locations in Brick, Freehold, Edison, and Toms River, New Jersey, we proudly serve clients throughout the state.
