If you are in an accident and the other driver is uninsured, your own car insurance may cover you. Both New York and New Jersey require drivers to buy personal injury protection (PIP), uninsured, and underinsured motorist coverage. Uninsured motorist coverage will cover your medical bills and other accident-related expenses up to the limit their policies set. If your costs do not exceed the policy limits, you will be okay, and your insurance will cover you.
In the case that your insurance does not fully cover the damages, you may still bring a lawsuit against the uninsured driver, so long as the state’s minimum thresholds are met to bring a claim. New York and New Jersey are “no-fault” states, meaning that in most cases, and in cases which do not meet the state’s statutory requirements, you will be reimbursed by your own insurance company. In New York, if dealing with a claim arising out of a car accident, you may only bring a case against the other driver if the accident results in death, dismemberment, serious disfigurement or fracture, loss of fetus, permanent or significant limitation of the use of a body organ or function, or significant disability of at least 90 days.[1] New Jersey’s statute is similar, only allowing one to bring a claim against another driver in similar circumstances.[2]
In many cases it would not be advisable to even go to trial against an uninsured driver. Even if the case is won, most payments awarded are paid out by insurance, there is no guarantee a defendant would even be capable of paying out your damages. If you are unsure of what to do and are unsure if you can bring a claim against an uninsured driver, contact us at KI Legal. We offer counsel and advice regarding personal injury claims. We can help you decide whether or not going to trial is best for you.
[1] N.Y. Ins. Law § 5102(d) (McKinney)
[2] NJ Rev Stat § 39:6A-8.
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