Newark Uninsured Motorist Lawyers
After a serious car accident, learning that the at-fault driver has little or no insurance can make an already difficult situation even more stressful. You may be concerned about how your medical expenses and other losses will be covered when the responsible driver cannot pay.
The coverage that can help is often already in your own policy. Goldstein & Goldstein, LLP helps people pursue uninsured and underinsured motorist claims after crashes in Newark and across Essex County.
Our Newark uninsured motorist lawyers identify available coverage, handle disputes with insurers, and pursue the compensation our clients are entitled to seek.
If the driver who hit you had no insurance or not enough, contact us for a free review. We charge no fee unless we recover money for you, and we advance the costs of building the claim.
How Does Our Firm Handle Newark Uninsured Motorist Claims?
Our father-and-son firm has represented injured New Jersey residents since 1997, and people considering a UM or UIM claim tend to ask us the same few questions before they decide to hire a lawyer.
Will I Pay Anything Up Front?
You do not pay anything up front for a UM or UIM claim, because we work under our No Recovery, No Fee arrangement and advance the costs of building the case. You owe no fee unless we recover money for you.
What Happens if My Own Insurer Will Not Be Fair?
We prepare every UM and UIM claim to hold up in arbitration or court from the first day. Partner Michael J. Goldstein is a New Jersey Supreme Court Certified Civil Trial Attorney, and the partners bring more than five decades of combined experience to these disputes.
Can You Help Me Get Treatment While the Claim Is Pending?
Our established network of treating doctors helps clients begin care while coverage questions are still being resolved, and our intake team works in English, Spanish, and Haitian Creole.
When Is a Driver Uninsured or Underinsured in New Jersey?
New Jersey law distinguishes between uninsured and underinsured drivers, and different coverage rules apply to each.
Uninsured motorist (UM) coverage applies when the at-fault vehicle has no insurance, while underinsured motorist (UIM) coverage applies when it has some insurance but less than your own UIM limits.
When Is a Driver Considered Uninsured in New Jersey?
A driver may be considered uninsured when no applicable liability insurance exists or when the driver’s insurer validly denies coverage for the crash. Hit-and-run drivers who cannot be identified are treated as uninsured too, which is the focus of our Newark hit and run work.
What Qualifies as an Underinsured Driver in New Jersey?
A driver is underinsured under New Jersey law only when the total of their liability limits is less than the UIM limits on the injured person’s own policy. This limits-to-limits comparison does not depend on how much your injuries are worth, a detail that surprises many drivers.
Why Do Your Own UIM Limits Matter So Much?
In New Jersey, underinsured motorist (UIM) coverage generally applies only when your UIM limits exceed the at-fault driver’s liability limits.
For example, if the other driver has $35,000 in liability coverage and you have $100,000 in UIM coverage, you may have up to $65,000 in additional coverage, depending on your damages and policy terms.
In a 2021 decision, the Appellate Division confirmed that the comparison is dollar for dollar, so a driver whose UIM limits match the other driver’s liability limits may have no UIM claim at all.
| At-fault driver’s liability limit | Your UIM limit | What generally happens |
|---|---|---|
| $35,000 | $35,000 | The other driver is not considered underinsured, so no UIM claim |
| $35,000 | $100,000 | Underinsured; UIM may cover up to $65,000 more after credit for the $35,000 |
| $50,000 | $250,000 | Underinsured; UIM may cover up to $200,000 more after credit |
| $100,000 | $100,000 | Not underinsured, even if your injuries are worth far more |
Once UIM applies, your insurer generally receives credit for what the at-fault driver’s insurer pays, a rule the Appellate Division applied again in a 2023 decision.
That is why the UIM limits you chose when you bought your policy can matter more than anything the other driver carries.
How Much Can You Recover Through UM or UIM Coverage?
The amount you can recover through uninsured or underinsured motorist coverage depends on your damages and the limits of the applicable policy.
In New Jersey, UM and UIM coverage generally cannot exceed your own liability limits, and coverage from multiple policies usually cannot be stacked.
The state’s auto insurance buyer’s guide explains these options, and lower-cost basic policies may not include UM coverage at all.
When Do UM and UIM Claims Come Up in Newark?
Uninsured and underinsured motorist claims in Newark tend to arise in a handful of recurring situations. Each one calls for a different investigation, so recognizing the pattern early tells us which policies to request and what evidence to secure.
Minimum-Limit Policies
Many drivers carry only the minimum liability coverage the state allows, which can be used up quickly by a single hospital stay, even when the at-fault driver did everything the law required.
When that happens, the question becomes whether your UIM limits are high enough to provide additional coverage.
Lapsed or Canceled Policies
Some drivers believe they are insured until their carrier reports that the policy lapsed for nonpayment. A denial like that can turn an apparently insured driver into an uninsured one, which shifts the claim to your UM coverage.
Borrowed and Shared Cars
When the at-fault driver was using someone else’s vehicle, the owner’s policy may provide coverage, and the order of policies can become complicated. Confirming who owned the car and whether the driver had permission is part of sorting out the claim.
Work Vehicles and Excluded Drivers
Insurers sometimes deny coverage because the driver was excluded from the policy or was using the vehicle outside its permitted purpose. Those denials can be challenged, and they can also open the door to a UM claim while the dispute is resolved.
How Does an Uninsured Motorist Claim Work in New Jersey?
A New Jersey UM or UIM claim follows a different path than a claim against another driver’s insurer, and the order of the steps matters. A typical claim moves like this:
- Your PIP coverage generally pays medical bills first, regardless of fault.
- For UIM, we pursue the at-fault driver’s insurer for its policy limits.
- Before accepting those limits, we notify your own insurer so the UIM claim is protected.
- We present the UM or UIM claim to your insurer with medical records, wage proof, and evidence of how the crash happened.
- If your insurer will not make a fair offer, the claim often goes to arbitration or, depending on the policy, to court.
Skipping the notice step or settling with the at-fault driver too early can put UIM coverage at risk, which can be one of the most costly mistakes in these cases.
Why Does Your Own Insurer Push Back on a UM Claim?
In a UM or UIM claim, your own insurance company stands in the shoes of the at-fault driver. It can dispute how the crash happened, how badly you were hurt, and what your losses are worth, just as the other driver’s insurer would.
Shared Fault Still Counts
Your insurer can argue that you were partly responsible for the crash. Under New Jersey’s comparative negligence statute, any share of fault assigned to you reduces the claim and bars it only if your share is greater than the other driver’s.
The Lawsuit Option Can Apply
The limitation on lawsuit option you chose on your policy can also affect the non-economic part of a UM or UIM claim. Documenting a permanent injury with objective medical evidence is often as important here as in any other car accident case.
When an Insurer Handles the Claim Unfairly
Insurers owe their own policyholders fair treatment in handling UM and UIM claims, and New Jersey law provides remedies in some situations when an insurer unreasonably delays or denies a valid claim.
Whether those remedies apply depends on the facts and the timing of the claim, so we document every step of the insurer’s handling from the start.
Arbitration Instead of a Jury
Many New Jersey auto policies send UM and UIM disputes to arbitration. Preparing the claim as though a neutral decision-maker will review every record, and having a trial-ready attorney behind it, tends to produce better results whether or not the case reaches a hearing.
What Can a UM or UIM Claim Cover?
A UM or UIM claim in New Jersey can cover the same types of losses as a claim against an insured driver, up to the limits of the applicable policy. Building the claim carefully matters because the policy limit is often the ceiling.
Medical Costs Beyond PIP
PIP generally pays medical bills first, and the UM or UIM claim can address costs PIP does not cover, along with future treatment your doctors expect. Keeping records organized from the beginning makes those costs easier to prove.
Lost Income and Personal Losses
Lost wages, reduced earning ability, and the pain and disruption an injury causes can all be part of the claim, subject to your lawsuit option. Pay records, employer statements, and consistent medical care usually carry this part of the case.
What Should You Do Before Accepting a Settlement Check?
Decisions made in the first weeks after a crash with an uninsured or underinsured driver can protect a claim or weaken it. Before signing any release or accepting a check, it helps to:
- Get a copy of your full auto policy, including the declarations page showing your UM and UIM limits.
- Find out whether anyone else in your household has a policy that may also apply.
- Confirm the at-fault driver’s liability limits in writing.
- Notify your own insurer of the potential UM or UIM claim promptly.
- Avoid recorded statements to any insurer until you understand which claims you have.
Taking these precautions can help protect your right to compensation and prevent avoidable problems with your claim.
UM and UIM claims are part of our broader Newark car accident and personal injury work. If you are facing medical bills and an at-fault driver with little or no insurance, reach out to our office.
FAQs for a Newark Uninsured Motorist Lawyer
Will my insurance rates go up if I file an uninsured motorist claim in New Jersey?
Whether a New Jersey insurer can raise your rates after a UM or UIM claim depends on fault and the insurer’s rating rules. Claims for crashes you did not cause are generally treated differently from at-fault crashes.
Reviewing your policy and the circumstances of the crash helps answer this for your situation.
Can I use UM or UIM coverage if I was a passenger in someone else’s car?
A passenger hurt by an uninsured or underinsured driver in New Jersey can often claim under the policy covering the car they were riding in, and sometimes under their own household policy.
Because coverage generally cannot be stacked, the policies are compared to determine which one applies.
What if I was a pedestrian hit by an uninsured driver?
A pedestrian struck by an uninsured driver in New Jersey may be able to claim UM benefits through their own or a household relative’s auto policy.
Pedestrians with no household coverage may need to look to other sources, such as the state’s Unsatisfied Claim and Judgment Fund, if they qualify.
How long do I have to bring a UM or UIM claim in New Jersey?
UM and UIM claims in New Jersey are contract claims against your own insurer, so their deadlines can differ from the two-year limit for suing the at-fault driver. Your policy’s notice requirements also apply, so it is safest to act promptly and confirm the deadlines early.
Can I also sue the uninsured driver personally?
An injured person in New Jersey can generally sue an uninsured driver personally, but collecting from someone without insurance is often difficult. That is why UM coverage is usually the main source of recovery, with any personal claim pursued when it makes practical sense.
Make Your Uninsured Motorist Coverage Work for You in Newark
Richard Goldstein, Uninsured Motorist Accident Lawyer
You paid for UM and UIM coverage so that someone else’s lack of insurance would not become your financial emergency. Our job is to make that coverage work as intended and keep your own insurer from shortchanging you.
Goldstein & Goldstein, LLP offers free consultations in person, by video, or by phone. Send us a message and we will review your policy and the other driver’s coverage with you, then explain what each one can realistically provide for your recovery.
Results depend on the specific facts of each case, and past outcomes do not predict future results.
