You are driving home from work when another car swerves and hits you. Your vehicle is damaged, you are shaken up and then you discover that the at-fault driver has no auto insurance. This frustrating reality often leaves you with one question in mind: can you sue them? In New Jersey, the answer is yes, but securing actual compensation usually requires a very different strategic path.
What happens if you sue an uninsured driver
Suing is legally possible, and unlike in some states, New Jersey prevents the at-fault driver from using the lawsuit threshold to block your claim. However, winning a judgment and successfully collecting funds are two entirely different hurdles.
Most people who drive without insurance lack the personal assets or income needed to satisfy a court judgment. Even if you win your case, you could spend time and resources on a lawsuit only to walk away with nothing. This is why your own insurance policy generally offers the more reliable path to an actual recovery.
Where uninsured motorist coverage comes in
Because New Jersey is a no-fault state, your own insurance carrier usually handles your initial claims through:
- Personal injury protection (PIP): This covers your medical expenses first, up to your policy limits.
- Uninsured motorist (UM) coverage: This takes over when PIP runs out, or when your vehicle suffers significant damage. It covers what the uninsured driver’s policy would have paid, compensating you for bodily injury and property damage — provided you can show the other driver was at fault.
Standard New Jersey auto policies automatically include UM coverage. State law sets these minimum limits at $35,000 per person and $70,000 per accident. However, if you bought a basic policy, it excludes this vital protection.
Your policy options also dictate whether you can seek compensation for non-economic damages, like pain and suffering. If your policy includes a verbal threshold option, the rules are much stricter. To pursue those damages, a physician must formally verify that your injuries are permanent. This medical certification must be filed within 60 days of the defendant’s answer to your lawsuit.
Understanding your options
Your lawsuit threshold, your UM coverage and your PIP limits all play a role in what you can recover after a crash with an uninsured driver. Reviewing your policy with an experienced attorney can help clarify your rights and ensure you do not leave vital compensation on the table.
