Getting hit by an uninsured or underinsured driver turns a bad situation into a financial disaster. When the at-fault driver lacks sufficient insurance to cover your medical bills, lost wages, and vehicle repairs, you’re left scrambling to cover costs that should never have been your responsibility. According to the Insurance Information Institute, more than one in seven drivers across the United States lacks proper insurance coverage, and New Jersey drivers face this risk every time they get behind the wheel.
At Jae Lee Law, our Bergen County attorneys have spent over 30 years fighting for injured motorists who are hit by uninsured and underinsured drivers. We understand New Jersey’s insurance laws inside and out, and we know how to maximize your uninsured motorist (UM) and underinsured motorist (UIM) coverage to secure the compensation you deserve. With over 100 years of combined legal experience, we proactively fight for every dollar you’re owed.
What Are Uninsured and Underinsured Motorist Claims?
Uninsured motorist claims arise when you’re injured by a driver who has no auto insurance at all. This includes hit-and-run accidents where the at-fault driver flees the scene and cannot be identified. While these cases involve unique insurance hurdles, they remain a critical subset of motor vehicle accidents in New Jersey, where enforcement gaps mean thousands of motorists drive illegally without coverage every day.
Underinsured motorist claims come into play when the at-fault driver has insurance but not enough to cover your full damages. If you suffered serious injuries requiring extensive medical treatment, the other driver’s minimum liability policy may be exhausted long before all your medical bills are paid. Your own UIM coverage steps in to bridge this gap.
Why Do Bergen County Drivers Need UM/UIM Protection?
Bergen County’s proximity to New York and its location along major highways create high-traffic conditions where accidents occur daily. Many out-of-state drivers pass through Bergen County, and not all carry adequate insurance coverage. Your UM/UIM coverage protects you whether you’re hit on your morning commute in Fort Lee or driving through Hackensack.
The financial consequences of being struck by an uninsured driver can be severe. Medical bills from emergency treatment, surgery, physical therapy, and ongoing care add up quickly. When you miss work due to your injuries, lost wages compound your financial stress. Vehicle repair or replacement costs further strain your budget. Without proper UM/UIM coverage, you could be left covering these expenses yourself.
How Do Uninsured and Underinsured Motorist Claims Work?
Filing a UM or UIM claim means pursuing compensation through your own insurance policy. While this might seem straightforward, insurance companies frequently try to minimize payouts or deny claims altogether. They may argue your injuries aren’t serious enough or claim you’re partly at fault for the collision.
When you file a UM/UIM claim in New Jersey, you must:
- Report the accident promptly to both the police and your insurance company
- Gather evidence, including photos of the accident scene, witness contact information, and medical records
- Submit your claim with detailed documentation of all damages
Your insurance company will investigate your claim, but remember, they profit by paying less. They may try to settle quickly for far less than your claim is worth, hoping you’ll accept before understanding the full extent of your injuries.
What Damages Can You Recover in UM/UIM Claims in New Jersey?
New Jersey law allows injured motorists to recover various forms of compensation through UM and UIM claims. These damages fall into two main categories: economic losses with specific dollar amounts and non-economic losses that compensate for pain and suffering.
Economic Damages
Economic damages include all quantifiable financial losses from the accident. Medical expenses cover the following costs:
- Emergency treatment
- Hospitalization
- Surgery
- Medication
- Physical therapy
- Future medical care
Lost wages compensate for income you missed while recovering, and lost earning capacity addresses reduced ability to work in the future. Property damage covers the cost of vehicle repair or replacement. Out-of-pocket expenses include travel to medical appointments and hiring help for household tasks you can no longer perform.
Non-Economic Damages
Non-economic damages compensate for the human toll of your injuries. Pain and suffering addresses physical discomfort and emotional distress. These damages often exceed economic losses in severe injury cases, making the proper calculation of economic damages in a personal injury case essential for fair compensation.
How Does Modified Comparative Negligence Affect UM/UIM Claims?
New Jersey follows a modified comparative negligence rule that can reduce your compensation if you share fault for the accident. If you’re found 50% or less responsible for the collision, your compensation decreases proportionally to your fault percentage. If you’re more than 50% at fault, you cannot recover any compensation.
Insurance companies often try to shift blame onto injured motorists to reduce payouts. They may claim you were speeding, following too closely, or distracted at the time of impact. Fighting these allegations requires a thorough investigation and substantial evidence. We immediately secure photos of the accident scene, obtain police reports, and, when necessary, work with accident reconstruction experts to prove the other driver’s fault.
Schedule Your Free Consultation With Our Bergen County UM/UIM Attorneys
Being hit by an uninsured or underinsured driver shouldn’t cost you everything. Your UM and UIM coverage exists precisely for these situations, but insurance companies won’t voluntarily maximize your benefits. You need attorneys who understand New Jersey’s insurance laws, who have the trial experience to back up aggressive negotiations, and who treat every case with the proactive approach it deserves.
At Jae Lee Law, we handle every aspect of your uninsured and underinsured motorist claim from investigation through settlement or verdict. As one of only 3% of New Jersey attorneys certified by the Supreme Court, Jae Lee brings the trial credentials to back up every negotiation and our multilingual team serves Bergen County clients in English, Korean, Spanish, Russian, and Ukrainian, with millions in recoveries secured on their behalf. Contact our Bergen County office today to discuss your case during a free consultation.
Complete our contact form to get started, and let our experienced team fight for the full compensation you’re owed.
