You’re heading home from work after a long day, just trying to get where you need to go, when suddenly another car crashes into yours. As you start to process what just happened, you learn the other driver doesn’t have insurance. The thought runs through your mind: “an uninsured driver hit my car” — and now you’re facing car repairs, medical bills, and uncertainty about how to deal with the insurance companies involved.
When the driver at fault has no insurance, every step that follows feels more complicated. It’s hard to know where to begin. This blog outlines the key steps to take after the crash, helping you address the challenges ahead and make informed decisions — starting with gathering evidence at the accident scene.
Gather Evidence at the Accident Scene
Your safety is the top priority. If possible, move to a safe location and check for injuries. Call 911 to report the accident, especially if anyone is hurt or if property damage exceeds $500, as required by New Jersey law (N.J.S.A. 39:4-130). Even if the damage seems minor, it can be hard to tell at the scene, and having a police report will help support your claim later
Once everyone is safe and you’ve called for help, gather as much information as possible to support your claim:
- Take photos of vehicle damage, road conditions, and any visible injuries.
- Collect contact details of the other driver, even if they admit they don’t have auto insurance.
- Get statements and contact information from witnesses.
- Request the officer’s name and badge number, and ask how to obtain the police report.
This documentation will help support your claim, especially since the other driver lacks liability insurance.
Notify Your Insurance Provider
After you leave the accident scene, contact your insurance company to report the incident. Since New Jersey follows a no-fault insurance system, you’ll turn to your own auto insurance policy first for medical expenses, lost wages, and other costs.
Your policy’s personal injury protection (PIP) will typically cover:
- Medical bills and related medical expenses
- Rehabilitation costs
- Lost wages due to injuries
PIP is your primary coverage in New Jersey. It covers the immediate medical expenses and lost wages resulting from the accident, regardless of who was at fault.
If You Have Uninsured Motorist Coverage
If you have uninsured motorist coverage, it will help pay for damages if the other driver is uninsured. Uninsured motorist coverage is required with standard auto insurance policies in New Jersey. However, if you have a basic policy, uninsured motorist coverage is not included. If you don’t have it at the time of the accident, it cannot be added afterward, but you could upgrade to a standard policy for future protection.
For drivers with standard policies, New Jersey requires minimum liability coverage of:
- $25,000 for bodily injury per person
- $50,000 per accident
- $25,000 for property damage
Basic policies provide limited coverage, and bodily injury liability is optional. If an uninsured driver lacks liability insurance, your uninsured motorist coverage can only apply if you already have a standard policy in place before the accident.
Filing an Uninsured Motorist Claim
If the other driver is uninsured, your uninsured motorist coverage can help compensate for the damages. This coverage applies only after your PIP benefits have been exhausted. Filing a claim under your uninsured motorist coverage allows you to seek compensation for:
- Medical expenses beyond your PIP limit
- Pain and suffering from severe injuries
- Property damage to your vehicle
Uninsured motorist coverage also applies if you’re involved in a hit-and-run accident where the other driver cannot be identified. As long as certain conditions are met under your policy, you may still be able to pursue a claim.
Be prepared for your insurance provider to conduct an investigation, just as they would if you were filing against another party’s insurance company. Even though you’re working with your own insurer, they may challenge aspects of your accident claim to reduce their financial responsibility.
If there’s a disagreement with your insurance company over your uninsured motorist claim, the dispute may go to arbitration rather than a lawsuit.
This is why keeping thorough records — including the police report, accident scene photos, and medical documentation — can strengthen your position when pursuing compensation.
Filing a Car Accident Lawsuit
In some cases, you might wonder if you can file a car accident lawsuit against the uninsured driver personally. While you can technically pursue a personal injury lawsuit or even a wrongful death claim if the accident caused fatal injuries, it’s important to be realistic.
Many uninsured drivers lack the financial resources to pay out-of-pocket settlements or judgments. Even if you succeed in court, collecting from the uninsured driver can be difficult.
However, if the circumstances allow, a New Jersey personal injury attorney may explore this route as part of your strategy. This is especially relevant in severe cases involving:
- Spinal cord injury
- Significant brain injury or traumatic brain injury
- Permanent disability or disfigurement
In these situations, your personal injury attorneys might pursue both an uninsured motorist claim and a personal injury litigation process against the other driver.
Be Mindful of Legal Deadlines
New Jersey law limits the time you have to file claims. Under N.J. Stat. § 2A:14-2, you generally have two years from the date of the accident to file a personal injury case. Missing this deadline can prevent you from pursuing compensation, even if you suffered severe injuries.
Protect Yourself Before an Accident Happens
Many drivers don’t realize the importance of uninsured and underinsured motorist coverage until it’s too late. When you review your auto insurance policy, consider the following:
- Does your policy include uninsured motorist coverage?
- Are your bodily injury liability coverage limits adequate?
- Does your policy provide for bodily injury coverage in accidents with uninsured drivers?
Increasing your coverage can offer extra protection, giving you added security.
Key Takeaways
- Document the Accident: Take photos of the scene, gather contact info, and file a police report. These details will be crucial for your claim.
- Notify Your Insurance Provider: Report the incident as soon as possible, and understand the role of uninsured motorist coverage in your policy if you have it.
- Consider Legal Representation: If you’ve suffered significant injuries or face challenges with your insurance claim, consulting with a personal injury attorney can help you explore your options, including uninsured motorist claims or personal injury lawsuits.
- Know Your Rights: You have the right to pursue compensation for medical expenses, lost wages, and pain and suffering, even if the other driver is uninsured.
Remember, most personal injury attorneys offer a free consultation to review your situation. With the right approach, you can move forward with confidence, knowing you’ve taken steps to protect yourself after a car accident with an uninsured driver.
Hit by an Uninsured Driver? Our New Jersey Car Accident Attorneys Are Ready to Stand by You
If you were struck by an uninsured driver, you might be facing medical bills, lost wages, and frustration with the insurance companies involved. At The Law Offices of Peter N. Davis & Associates, our personal injury attorneys know how to handle claims involving uninsured motorists and fight for the compensation you need.
With more than 30 years of representing injured people across New Jersey, we understand what it takes to pursue compensation for your medical expenses, lost income, and pain and suffering. We handle cases on a contingency fee basis, so you won’t pay legal fees unless we win your case.
Your search for “car accident lawyers near me” or “New Jersey car accident lawyers” brought you here. Take the next step and call (973) 279-7246(973) 279-7246, or fill out our confidential online form to schedule your free consultation. We’re available 24/7 to answer your questions and discuss your legal options. Let us handle the legal process while you focus on what matters most: your recovery.
Copyright © 2025. The Law Offices of Peter N. Davis & Associates, LLC. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
The Law Offices of Peter N. Davis & Associates, LLC
72 Essex Street, Suite 2,
Lodi, NJ 07644
(973) 279-7246(973) 279-7246
https://peterdavislaw.com/
