Drivers are required to carry auto insurance to cover themselves and possibly others in the event of an accident. Unfortunately, many other drivers fail to carry insurance, and filing claims might be difficult or impossible. In that case, you may need an attorney to help sue the uninsured driver for damages.
New Jersey is a no-fault auto insurance state. Drivers may file claims with their own insurance coverage to get compensation from their injury coverage or uninsured and underinsured motorist coverage. You may also sue other drivers, even if they are uninsured. Whether you can sue in the first place depends on whether you elected a limited or unlimited right to sue when you purchased your insurance policy or whether you have “serious injuries” or not.
Get a private, free claim review from our New Jersey car accident lawyers by calling Agrapidis & Maroules, P.C. at (201) 777-1111.
Limited or Unlimited Right to Sue in Car Accident Cases
Whether you can sue the other driver in the first place depends on certain choices you made when you purchased your auto insurance policy. If you are unsure about your policy terms, you should review them with an attorney.
Limited Right to Sue
When you purchase your no-fault car insurance policy, you may elect to have a limited right to sue. This means that, per the terms of your policy, you agree not to sue another driver for an accident unless you sustain specific, serious injuries.
To be able to sue, you must lose a body part, experience significant scarring or disfigurement, suffer a displaced fracture, lose a fetus, sustain a permanent injury that will not fully heal, or someone dies in the accident.
Unlimited Right to Sue
You might instead elect an unlimited right to sue. If you make this choice, you are not restricted from suing another driver if they caused the accident. You do not have to prove any specific injuries or damages to sue.
Insurance policies with an unlimited right to sue tend to be more expensive, but they may be worth it.
Should I Sue Someone Who is Uninsured or Underinsured After a Car Accident?
While you legally can sue an uninsured or underinsured driver if they are responsible for the accident, whether you should sue is a separate and important question to ask your lawyer.
If the other driver is uninsured or underinsured, can they even pay if you sue them? If not, there is likely no point in suing. You may pay more money in legal fees than you will get from a judgment in court.
We should consider the defendant’s ability to pay, even though they are uninsured. Do they lack insurance because they cannot afford it or because they negligently allowed their policy to lapse? If they have money to pay, you should seriously consider suing them for your damages.
Do I Even Need to Sue if I Have Uninsured or Underinsured Motorist Coverage?
In accidents with drivers who lack insurance or have limited policies, you might not have to sue if you have uninsured and underinsured motorist coverage. These policies are not always required, and you should review your policy to see if you might be covered.
The basic policy does not offer uninsured or underinsured motorist coverage, and you might have to sue for your damages. However, the standard policy does come with this coverage.
If the driver is uninsured, we must show that you cannot file a claim against their liability coverage and that they are directly responsible for the crash. If the other driver has insurance, but it does not cover all your damages, your underinsured motorist coverage may make up the difference. Again, we must prove how the other driver is at fault.
Uninsured and underinsured motorist coverage pays for any damages as though it was the at-fault driver paying. That means this can cover pain and suffering, something your other coverages on your own policy will not pay for.
How to Sue an Uninsured or Underinsured Driver in New Jersey
The first step is to get the other driver’s information. We need their information to file an insurance claim or determine if they are even insured. If you pursue a lawsuit, we need their information to start the case. You cannot sue someone if you do not have their name.
Next, you can file a claim with your own insurance. According to N.J.S.A. § 39:6A-4, New Jersey is a no-fault insurance state, meaning you may file a claim with your own insurance without having to prove who caused the crash.
Start gathering evidence as soon as possible. If you file a third-party claim with the other driver’s liability coverage, you need evidence proving that they are responsible, as this is a fault-based claim. If a lawsuit is necessary, our New Jersey car accident lawyers may need even more evidence to meet our burden of proof.
When to File a Car Accident Lawsuit in New Jersey
To sue another driver for damages after an accident, we must file your case within the time established by the statute of limitations. According to N.J.S.A. § 2A14-2(a), we have 2 years from the accident to file your case in court.
It is important to begin building your case as soon as possible. Evidence in car accident cases tends to disappear if it is not collected fast enough, and it might be harder to prove your claims in court.
Can I Sue for a Car Accident if I am Uninsured?
If both you and the other driver are uninsured, it may be far more difficult to sue. This can be especially troubling as a lawsuit might be the only way to get compensation since nobody has insurance.
New Jersey is a “no pay, no play” state, meaning uninsured drivers typically cannot sue for damages because they do not have auto insurance as required by law, according to N.J.S.A. § 39:6A-4.5(a).
Essentially, even if the other driver is uninsured and completely responsible for the accident, you may not be able to sue them for damages if you are also uninsured. By the same token, they cannot sue you for damages, and both drivers might have to pay for the accident on their own.
Contact Our New Jersey Car Accident Attorneys for Help with Your Claims
Get a private, free claim review from our Elizabeth, NJ car accident lawyers by calling Agrapidis & Maroules, P.C. at (201) 777-1111.