Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Uninsured Motorist (UM) Coverage
New Jersey law requires insurers to offer uninsured motorist (UM) coverage as part of every auto policy. If the at-fault driver lacks insurance, you may turn to your own UM coverage for bodily injury and, if elected, property damage. UM benefits typically match your liability limits and kick in after you meet any policy deductible. See N.J.S.A. 39:6A-4 for statutory requirements: N.J.S.A. 39:6A-4.
2. Personal Injury Protection (PIP)
New Jersey operates a no-fault system requiring PIP coverage. PIP pays medical expenses, lost wages (up to 85%), and certain other costs, regardless of fault. You file PIP claims with your insurer under N.J.S.A. 39:6A-4 and related rules. PIP can cover up to $250,000 in medical bills.
3. Collision or Comprehensive Coverage
If you purchased collision coverage, you can file a first-party claim for vehicle repairs. After paying your deductible, your insurer pays repair costs. The insurer may subrogate against the uninsured driver to recover its outlay.
4. Direct Lawsuit Against the At-Fault Driver
You can sue the uninsured driver personally in New Jersey Superior Court for negligence. You must prove duty, breach, causation, and damages. If you secure a judgment, enforce it through wage garnishment, bank levies, or property liens. Note that an uninsured driver may lack assets, making collection difficult.
5. Unsatisfied Claim and Judgment Fund
New Jersey maintains the Unsatisfied Claim and Judgment Fund (UCJF) for victims of uninsured or hit-and-run drivers. To use this fund, you must:
- Obtain a court judgment against the at-fault driver;
- Have the judgment remain unsatisfied for at least 90 days;
- Submit an application with the UCJF within two years of the accident.
The fund caps payments at $15,000 per person and $30,000 per accident for bodily injury, plus up to $3,000 for property damage. See N.J.S.A. 39:6-58: N.J.S.A. 39:6-58.
Helpful Hints
- Review your auto policy declarations to confirm UM, PIP, and collision limits.
- Promptly notify your insurer after an accident to preserve coverage rights.
- Gather evidence: photos, witness statements, and police reports strengthen claims.
- Consult an attorney early if you plan to sue an uninsured driver.
- Keep track of deadlines for filing suit and applying to the UCJF.