Learning that the driver who caused a crash has no insurance can make an already difficult situation feel impossible. It does not always mean that no coverage is available.
Uninsured motorist coverage, commonly called UM coverage, may provide benefits through an applicable automobile policy. Hit-and-run accidents may also be treated as uninsured motorist matters when the responsible driver cannot be identified. The available options depend on the policy, the injured person’s relationship to insured vehicles and household members, and compliance with notice and cooperation requirements.
Call the Police and Document the Crash
A police report is especially important when the other driver admits having no insurance, provides questionable information, or leaves the scene. Give the officer an accurate description of the vehicle, license plate, driver, direction of travel, and any witnesses.
Photograph the vehicles, damage, road, debris, traffic controls, and surrounding businesses or homes that may have cameras. Save dashcam footage immediately. Obtain witness contact information rather than assuming it will appear in the report.
If the driver fled, do not put yourself at risk by following the vehicle. Call the police and seek appropriate medical care.
Notify the Insurance Company Promptly
Report the crash to your automobile insurer as soon as reasonably possible. If another household or vehicle policy may apply, that carrier may also require notice.
An uninsured motorist claim can involve detailed policy conditions. The insurer may request a statement, medical authorization, vehicle inspection, proof of the other driver’s status, or cooperation with its investigation. Keep a written record of every report, claim number, representative, request, and deadline.
Prompt notice is particularly important in a hit-and-run case because the insurer may want an opportunity to investigate while video and witnesses remain available.
What Uninsured Motorist Coverage May Address
UM coverage is intended to protect eligible insured people when an at-fault driver lacks applicable liability insurance. Depending on the policy and claim, it may address bodily injury and certain other losses that could have been pursued against the responsible driver.
UM is not the same as collision coverage, PIP, or underinsured motorist coverage. Collision coverage generally concerns vehicle damage subject to policy terms. PIP can address qualifying medical expenses without deciding fault. Underinsured motorist coverage concerns a driver who has liability coverage, but not enough to address the covered loss.
The declarations page and full policy should be reviewed rather than relying on the insurance card alone.
Can a Hit-and-Run Be an Uninsured Motorist Claim?
A hit-and-run collision may qualify for UM treatment when the responsible vehicle or driver cannot be identified, but policy and proof requirements matter. Report the event to police and the insurer promptly. Preserve physical evidence and video that supports the occurrence of another vehicle.
Disputes sometimes arise over whether there was actual contact, whether an unknown vehicle caused the crash, whether notice was timely, or whether the injured person made reasonable efforts to identify the driver. The exact facts should be documented from the beginning.
Can You Sue the Uninsured Driver?
An injured person may have a legal claim against a negligent uninsured driver. The practical problem is collection. A judgment has limited value if the driver has no reachable assets or income.
That does not mean the driver should be ignored. Identifying the driver, owner, employer, vehicle, and circumstances can reveal other potential coverage or responsible parties. A vehicle owner, employer, commercial entity, bar, roadway contractor, or product manufacturer may be relevant in some cases, depending on the evidence.
Your Own Insurer Does Not Automatically Accept the Claim
People are often surprised that their insurer investigates fault and damages even though they paid for UM coverage. The insurer may dispute whether the other driver was negligent, whether the injury was caused by the crash, whether the claimant is covered, or how much the claim is worth.
This creates a different relationship from an ordinary customer-service request. Provide accurate information and comply with reasonable policy duties, but understand what a recorded statement, medical authorization, examination, release, or settlement will affect before agreeing.
Medical Bills and Vehicle Damage May Follow Different Paths
PIP may be the first source for qualifying medical treatment. Collision coverage may address insured vehicle damage, subject to deductibles and policy terms. A UM bodily-injury claim can involve damages that are not resolved by the initial medical or repair payments.
Keep these claim numbers and benefit categories separate. A payment under one coverage does not necessarily settle every part of the accident claim.
Preserve Evidence of Every Loss
Maintain copies of medical records, bills, wage information, repair estimates, photographs, police documents, witness information, transportation costs, and insurer correspondence.
Also preserve the insurance policy and declarations pages that were in effect on the crash date. Renewal documents issued later may show different limits or elections.
Talk With a New Jersey Attorney About the Available Coverage
The Law Offices of Doner & Castro, P.C. represents people injured in New Jersey automobile accidents. An uninsured-driver case may require investigation of several policies and parties before the available coverage becomes clear.
Contact the firm to discuss the collision, insurance information, medical treatment, and notices you have received.
Frequently Asked Questions
What if the at-fault driver has no car insurance?
An applicable uninsured motorist policy may provide a source of recovery. The driver and vehicle should still be investigated for other coverage, ownership, employment, or responsible parties.
Is a hit-and-run driver considered uninsured?
A hit-and-run claim may be handled through UM coverage when the driver cannot be identified. Prompt police and insurer notice, plus evidence of the unknown vehicle’s involvement, can be critical.
Will PIP pay my medical bills after an uninsured-driver crash?
Applicable PIP benefits may pay qualifying medical expenses regardless of the other driver’s insurance status. UM coverage addresses a different part of the claim.
Can I sue my own insurance company over a UM claim?
Coverage disputes can lead to arbitration or litigation depending on the policy and issues. The required process should be determined from the policy before action is taken.
What if I do not own a car?
Coverage may still depend on a resident relative’s policy, the occupied vehicle, employment, or other circumstances. A person should not assume there is no coverage until the household and vehicle policies are reviewed.