Finding out the driver who hit you doesn’t have insurance—or that their policy lapsed—can be stressful. But you’re not without options. New Jersey law and typical auto policies give you several paths to recover medical bills, lost wages, and other damages. This article explains practical next steps and legal tools you can use.
Quick summary of the law you should know
- New Jersey drivers are required to carry auto insurance and standard policies include uninsured/underinsured motorist protections. NJ.gov+1
- If the at-fault driver is uninsured (or a hit-and-run), your uninsured motorist (UM) coverage can often pay for your bodily injury losses. You usually must report the crash to police and your insurer promptly. NJ.gov+1
- When the other driver can’t be identified (hit-and-run), courts and insurers expect you to show you made “reasonable efforts” to find the driver before UM applies. An attorney can help preserve and document that effort. Aiello Harris Abate, Law Group PC
Immediate steps after the crash (what to do first)
- Call 911 and request police on scene. A prompt police report creates an official record you’ll need for insurance and any later lawsuit. New Jersey requires reporting accidents that meet certain thresholds. Justia Law
- Get medical attention. Treat injuries immediately and keep all medical records — even a delayed doctor visit helps establish causation for injuries that show up later.
- Document the scene. Photos of vehicle damage, road conditions, visible injuries, skid marks, traffic signs, and anything else that could explain fault. If the other driver admitted they had no insurance, note that detail.
- Collect witness info and look for cameras. Ask bystanders for names and phone numbers and check for nearby business or traffic cameras. Preserve footage by asking the business to save it (and note when you asked).
- Notify your insurer — but don’t give recorded statements without counsel. Report the crash so your claim is timely. Your company will guide you on next steps; if you have UM coverage, they’ll open that avenue once certain conditions are met. NJ.gov
How uninsured motorist (UM) coverage works in New Jersey
- Primary purpose: UM coverage steps in when the at-fault party has no insurance or when an identified driver’s insurance is inadequate (underinsured motorist, UIM). UM/UIM are standard parts of NJ policies and cover bodily injury (and sometimes property damage if purchased). NJ.gov+1
- Filing order: Many insurers and NJ guidance advise you first try to submit to the at-fault party’s insurer (if one exists). If that fails or if the at-fault driver lacks insurance, you file a UM claim under your own policy. An insurer’s internal rules and the DOBI guidance affect how these claims are handled. NJ.gov
Hit-and-run or unknown driver: special rules
If a driver fled and can’t be identified (a classic hit-and-run), UM still can apply — but you’ll need to show you made reasonable efforts to identify them. Reasonable efforts commonly include:
- Filing a police report immediately and giving the plate number or partial plate (if you have it). Justia Law
- Searching for and preserving surveillance or traffic camera footage.
- Providing witness statements and other scene evidence.
- Allowing your attorney to issue subpoenas or preservation letters to secure footage and records.
Courts have found UM coverage appropriate in hit-and-run cases when claimants can prove they tried in good faith to find the responsible driver. Aiello Harris Abate, Law Group PC
What your own insurance can (and can’t) cover
- Medical bills and lost wages: UM typically pays for bodily injury up to your policy limits. If the other driver is underinsured (not fully covered), your UIM can make up the shortfall. NJ.gov
- Property damage: UM property damage coverage exists in New Jersey but often has special rules — for hit-and-run crashes, collision coverage or specific policy language may apply instead. Check your declarations page or talk to an attorney. Plymouth Rock
- Future medical care and pain & suffering: Serious claims may include future medical needs and non-economic losses — a lawyer helps quantify those and negotiate with insurers.
Practical strategies to improve your chance of recovery
- Report and document everything immediately. Police report, photos, medical records, witness information, and camera preservation requests are essential. Justia Law
- Use your PIP/no-fault benefits where applicable. New Jersey policies include personal injury protection (PIP) that can help cover immediate medical bills while fault and UM issues are sorted. NJ.gov
- Talk to an experienced NJ injury lawyer early. Attorneys can preserve evidence, subpoena DMV or business records, negotiate with your insurer, and — if the other driver is located — coordinate recovery from the at-fault driver’s insurer.
- Consider uninsured motorist arbitration or suit only after discussing strategy. UM provisions, arbitration clauses, and state rules (including DOBI-approved policy terms) affect how disputes are resolved. Your lawyer will advise the best path. Justia Law
Will using UM raise my insurance premiums?
Not necessarily. If you were not at fault, you’re using coverage you already purchased — that typically isn’t treated like a standard at-fault claim. But insurers’ practices vary; an attorney can protect your claim and limit adverse treatment.
When the other driver is later identified
If police or your attorney later identify the at-fault driver who lacked coverage, the carrier (if any) and your counsel can pursue subrogation to recover what your insurer paid under UM — and you can sue the at-fault driver directly for any remaining losses.
Final takeaways
- You have options even if the at-fault driver had no insurance or fled. New Jersey’s UM/UIM framework and your own policy protections are meant to help. NJ.gov
- Document everything and involve law enforcement. The police report and preserved evidence are your strongest tools. Justia Law
- Get legal help early. A qualified New Jersey personal injury attorney can preserve evidence, manage UM/UIM claims, and maximize your recovery.
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