You did everything right. You buckled up, followed the speed limit, and kept your eyes on the road, only to have another driver crash into you and then pull out a wallet with no insurance card inside. In New Jersey, this scenario plays out for thousands of drivers every year, leaving victims injured, overwhelmed, and unsure of where to turn for compensation.
At Mandelbaum Barrett PC, our personal injury attorneys have decades of experience fighting against insurance companies on behalf of injured New Jersey drivers. We understand that when someone else’s negligence puts you in harm’s way, the last thing you should worry about is whether you’ll be left holding the bill. We take on insurance companies so you don’t have to.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage is a provision included in your own auto insurance policy that protects you when the driver who caused your collision has no liability insurance at all. Under New Jersey law, UM coverage is mandatory in every standard auto insurance policy, meaning every driver in the state should carry at least a baseline level of this protection.
When you file a UM claim, your own insurance company essentially “stands in the shoes” of the at-fault driver and is responsible for paying your damages up to your policy’s coverage limits. According to the New Jersey Department of Banking and Insurance, a UM claim will only be paid if the other driver was legally at fault for the crash, and your own degree of fault cannot exceed that of the uninsured driver.
Uninsured vs. Underinsured: What’s the Difference?
Many drivers confuse uninsured motorist coverage with underinsured motorist coverage (UIM), but these two protections address very different situations.
Uninsured Motorist Coverage
UM coverage applies when the driver who caused your collision carried absolutely no auto insurance at the time of the crash. It can also apply in hit-and-run situations where the at-fault driver flees the scene and cannot be identified.
Underinsured Motorist Coverage
UIM coverage applies when the at-fault driver had some insurance, but their policy limits are not enough to cover the full extent of your damages. For example, if you suffered $80,000 in losses and the at-fault driver only carried $25,000 in liability coverage, your UIM coverage could pay the remaining $55,000, up to the limits of your own policy. New Jersey allows policyholders to purchase UIM coverage in amounts ranging from $25,000 to $250,000 per person.
Both UM and UIM coverage can also extend to bicycle accident victims and pedestrians struck by uninsured drivers, not just occupants of a vehicle.
How Much Coverage Should You Carry?
New Jersey law sets a minimum UM coverage requirement, but many drivers find that the minimum falls far short of what they need after a serious collision. Medical bills, lost wages, pain and suffering, and long-term rehabilitation costs can far exceed the base limits, especially in cases involving serious injuries.
Our attorneys strongly encourage New Jersey drivers to consider the following when choosing their coverage levels:
- Policy matching: Your UM and UIM limits generally cannot exceed your liability coverage limits, so purchasing higher liability coverage opens the door to more robust UM/UIM protection.
- Medical costs: Emergency care, surgeries, and ongoing physical therapy for serious injuries can quickly exceed minimum policy limits.
- Lost income: If your injuries prevent you from working, lost wages can accumulate rapidly over weeks or months of recovery.
- Pain and suffering: Non-economic damages, including the physical pain, emotional distress, and loss of enjoyment of life you experience, are compensable under New Jersey law.
Choosing the right coverage levels before a collision occurs is the single most effective step you can take to protect yourself and your family from the financial consequences of an uninsured driver’s negligence.
When Insurance Companies Push Back
Even when you have UM coverage and a clear right to compensation, your own insurance company may not make the process easy. Insurers are focused on their bottom line, and UM claims are no exception. Adjusters may delay decisions, dispute the severity of your injuries, argue over liability, or offer settlements far below what your claim is worth.
The experienced attorneys at Mandelbaum Barrett PC understand these tactics because we’ve seen them used against our clients time and again. As Co-Chair Joseph J. Peters often notes, it’s always us against Geico, NJM, State Farm, and every other major carrier that puts profits before people. When you’re the injured policyholder, you deserve an advocate who is firmly on your side. If you’ve been hurt in a car collision in New Jersey, understanding your UM/UIM rights before you speak with any adjuster can make a significant difference in the outcome of your claim. Our team can also help you navigate New Jersey’s PIP laws to ensure all available sources of coverage are working for you.
Trust Mandelbaum Barrett PC With Your Case
When an uninsured driver turns your life upside down, you need a legal team that knows how to take on the insurance companies that stand between you and fair compensation. With decades of experience handling personal injury claims, our experienced attorneys include Certified Civil Trial Attorney Andrew Bronsnick and Co-Chair Joseph J. Peters. We serve clients from five convenient locations throughout New Jersey and offer free consultations so you can explore your options with no financial risk.Do not let an insurance company determine what your injury and your recovery are worth. Contact us today to schedule your free consultation and let our dedicated team fight for the full compensation you deserve.