What to Do if You Are Injured by an Uninsured Driver in Freehold?

Posted on: February 13, 2025

When Freehold drivers get into car accidents, they can normally depend on an insurance payout to cover the costs of the damage and preserve some peace of mind. However, if the at-fault driver did not carry any insurance, you may have difficulty filing for this coverage.

Our Freehold car accident lawyers at Ellis Law have years of experience helping our clients claim compensation for their medical bills and property damage after an accident with an uninsured driver. If you have gotten into one of these accidents, let us tell you what you need to know.

What Should You Do Immediately After the Accident?

Prioritize your safety and health immediately after your accident. Call 911 and request emergency services for any injuries you may have received; not only will this safeguard your health, but you will also establish a clear record of your injuries. Take photos of any damage, collect contact information from witnesses, and exchange information with the other involved drivers.

Then, notify your own insurance company of the incident. Depending on your level of coverage, you may have access to additional funds to cover any gaps left by an uninsured motorist.

Can You Rely on Your Insurance for Compensation?

New Jersey is a no-fault insurance state, which means that regardless of who bears responsibility for the accident, all parties involved must file claims with their own insurance companies rather than with the at-fault driver’s.

State law requires all New Jersey drivers to purchase one of two types of insurance; a “basic” insurance policy must provide a baseline level of Personal Injury Protection (PIP) and liability insurance—but, importantly, a basic policy does notinclude uninsured motorist insurance. If you want this sort of coverage, you need to upgrade to a “standard” insurance policy.

If you opted into a standard insurance policy, depending on your injuries, you could sue the at-fault driver to recover compensation for your damages. The minimum amount of uninsured motorist coverage you can have is $5,000, but you can opt into more coverage when you purchase your policy.

New Jersey law follows the comparative negligence theory, which means that you can receive compensation for your accident as long as you were less than 50% at fault for the collision—and your payout will likely be reduced by the percentage for which you were at fault.

Should You Consider Legal Action?

While uninsured motorist coverage helps, it may not always cover the full extent of your damages—so you may need to pursue legal action against the uninsured driver. However, New Jersey law does not allow all insured drivers to file a lawsuit.

If you purchased a basic insurance policy, you do not have the right to sue the at-fault driver under any circumstance. Only a standard policy gives you the right to sue for additional coverage, and when you select your policy, you can choose either a “limited” or “unlimited” right. The former only allows you to sue a driver in an accident in the case of significant bodily injury, such as a broken bone or significant disfigurement. The unlimited right to sue allows you to bring a lawsuit regardless of the damage.

However, if a driver does not possess insurance, their lack of assets might compromise their ability to collect the funds they need through a lawsuit. In that case, you should consider consulting with a lawyer to weigh the viability of legal action.

Move Forward with the Freehold Car Accident Lawyers at Ellis Law

If you need a seasoned legal team to guide you, speak with the Freehold car accident lawyers at Ellis Law to protect your interests, negotiate with insurance providers on your behalf, and advocate for your rights every step of the way. Call our Freehold, New Jersey office at 732-308-0200 or fill out our online form for a free consultation. We proudly serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City.