When a negligent driver in New Jersey causes an accident but has no insurance or too little insurance, your own auto policy may be the only source of compensation. Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage are designed to protect you in these situations. Many drivers don’t realize how important these coverages are until they need them. This article explains how UM/UIM works under New Jersey law, the evidence needed to support a claim, and common pitfalls. For tailored guidance, speak with a New Jersey Personal Injury Lawyer
How UM/UIM Coverage Works Under NJ Law
New Jersey requires insurers to offer Uninsured (UM) and Underinsured (UIM) Motorist coverage. UM applies when the at-fault driver has no insurance or in a hit-and-run. UIM applies when the at-fault driver’s liability limits are lower than your damages and lower than your UIM limits. See N.J.S.A. 17:28-1.1 (https://law.justia.com/codes/new-jersey/2022/title-17/section-17-28-1-1/). These protections are not optional extras—they are built into standard policies, but policyholders must select coverage limits. Minimums often do not provide enough protection in serious accidents.
What Evidence Matters in UM/UIM Claims
Evidence is essential in proving liability and damages:
– Police reports documenting fault or confirming hit-and-run.
– Medical records tying injuries directly to the crash.
– Witness statements.
– Photos/videos of accident scene and vehicles.
– Vehicle EDR (black box) data in disputed liability cases.
– Insurance policy declarations showing UM/UIM coverage limits.
– Proof of the at-fault driver’s insufficient or nonexistent coverage.
Common Mistakes & How to Avoid Them
Common errors in UM/UIM claims include:
– **Settling with the at-fault driver’s insurer without consent**: NJ law requires notice to your insurer before accepting settlement, or you may lose UIM rights (See Longworth v. Van Houten, 223 N.J. Super. 174 (App. Div. 1988)).
– **Not preserving evidence**: failing to document damages may reduce recovery.
– **Assuming your insurer is on your side**: UM/UIM claims often become adversarial.
– **Underestimating coverage limits**: many drivers only carry the state minimum, which may not cover catastrophic injury costs.
Attorney’s Perspective
UM/UIM claims can be as complex as suing another driver, because your own insurer may dispute fault, damages, or whether coverage applies. Some counties report heavier litigation backlogs, meaning arbitration or trial can take longer. Because procedural missteps (like failing to follow Longworth notice) can eliminate your rights, consulting counsel early is critical.
Checklist: Practical Next Steps
- Review your auto policy to confirm UM/UIM coverage limits.
2. Request the at-fault driver’s insurance declarations.
3. Notify your insurer promptly of potential UM/UIM claims.
4. Collect medical records and bills immediately.
5. Preserve accident evidence (police reports, witness contacts, photos).
6. Consult a personal injury attorney before settling with any insurer.
FAQ
Q1: What is the minimum UM/UIM coverage in NJ?
A1: By law, standard policies must include at least $15,000/$30,000 UM coverage, but higher limits are strongly recommended (See N.J.S.A. 17:28-1.1).
Q2: What if I am hit by a hit-and-run driver?
A2: UM coverage applies, but you must report the accident promptly to police and your insurer.
Q3: Can I recover both from the at-fault driver and my UIM policy?
A3: Yes, but only if your UIM limits exceed the at-fault driver’s coverage, and you follow the Longworth procedures.
Q4: Does UM/UIM cover pain and suffering?
A4: Yes, subject to your policy’s ‘verbal threshold’ or ‘limitation on lawsuit’ option.
Q5: What if my insurer denies my UM/UIM claim?
A5: Disputes may go to arbitration or litigation, depending on policy language and NJ law (See N.J.S.A. 17:28-1.1).
For example, if your accident involved a commercial truck with inadequate insurance, you may also consider speaking with a New Jersey Truck Accident Lawyer
Call to Action
If you were injured in a New Jersey accident and the other driver had no insurance or too little coverage, your own policy may be your lifeline. Contact Anthony Picillo – New Jersey Personal Injury Lawyer for a free consultation.
Anthony Picillo, Attorney at Law | 111 Northfield Ave #306, West Orange, NJ 07052 (Visit on Google Maps) | (973) 731-0409 | apicillo@apicillolaw.com | anthonypicillolaw.com
Informational only, not legal advice; no attorney-client relationship; outcomes not guaranteed.
Last reviewed: 2025-10-02. Law may have changed after this date.
Disclaimer
Informational only, not legal advice; no attorney-client relationship; outcomes not guaranteed.
Last reviewed: 2025-10-02. Law may have changed after this date.
References
- N.J.S.A. 17:28-1.1 – UM/UIM coverage
https://law.justia.com/codes/new-jersey/2022/title-17/section-17-28-1-1/ - Longworth v. Van Houten, 223 N.J. Super. 174 (App. Div. 1988)
- NJ Courts – Civil Arbitration Rules
https://www.njcourts.gov
