Underinsured Motorist Claim Lawyer New Jersey, NJ
If a driver who caused your injury carries liability insurance that falls short of your medical costs, lost wages, and other damages, you may still have a way to recover full compensation. An underinsured motorist (UIM) claim in New Jersey allows you to turn to your own automobile insurance policy for the shortfall. New Jersey law requires insurers to offer UIM coverage, and many drivers carry it. However, the claims process involves complex policy-interpretation issues, coordination with the at-fault driver’s insurer, and strict deadlines. Mr. Sris and the firm’s Of Counsel attorneys at Law Offices Of SRIS, P.C. work to protect the rights of injured people across New Jersey. To discuss your situation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Underinsured Motorist Claims Mean in New Jersey
New Jersey is a no-fault state for personal injury protection (PIP) benefits, but a UIM claim deals with liability coverage, not PIP. When the at-fault driver’s bodily injury liability limits are exhausted or are too low to cover your full damages, your own UIM coverage steps in. New Jersey law requires that every automobile liability policy include uninsured/underinsured motorist coverage, unless the policyholder rejects it in writing. The minimum required coverage amounts are set by statute, but policyholders may purchase higher limits. The interplay between the tort threshold—the “limitation on lawsuit” option—and UIM recovery can be legally nuanced, and the carrier’s obligations are governed by the terms of the policy and New Jersey insurance regulations.
One critical timing rule: a civil claim for personal injury in New Jersey must be filed within two years of the date of injury. Because a UIM claim is derivative of the underlying negligence action, it is subject to the same two-year limitations period. If a lawsuit is not commenced in time, the right to compensation may be permanently lost. The firm reviews each case to identify the applicable deadlines and to preserve evidence while it is still fresh.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Underinsured Motorist Claims
When you are injured by an underinsured driver, the firm begins by examining the full scope of available coverage—your own UIM limits, the at-fault driver’s policy, and any additional policies that may apply, such as umbrella coverage. Mr. Sris and the firm’s Of Counsel attorneys then assemble the medical records, wage loss documentation, and experienced attorney assessments needed to present a complete picture of the harm you suffered.
In many cases, the firm negotiates a UIM settlement directly with your own insurance carrier without the need for a courtroom trial. If the insurer disputes the value of the claim or raises coverage defenses, the matter may proceed to litigation in the Superior Court of New Jersey, Law Division. The firm appears in New Jersey trial courts on behalf of clients and can call upon medical professionals, accident reconstruction attorneys, and vocational economists when necessary. The goal in every case is to work toward a resolution that accounts for all of the losses the injury has caused—past and future medical care, lost earning capacity, and pain and suffering—without any promise of a specific result.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who began representing injured individuals when he founded the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to personal injury matters. Results may vary. In any particular case.
The firm’s Of Counsel attorneys are independent practitioners who contract directly with the firm and who concentrate their work on specific practice areas under Mr. Sris’s leadership. For an underinsured motorist claim, the client benefits from the collective knowledge of lawyers who have handled insurance disputes and civil litigation in New Jersey trial courts. No attorney at the firm promises a particular result or a specific timeline, but every attorney works diligently to move the matter forward.
Frequently Asked Questions
What is an underinsured motorist claim in New Jersey?
An underinsured motorist claim is a demand you make on your own automobile insurance policy when the at-fault driver’s liability coverage is insufficient to pay your full damages. New Jersey law mandates that insurers offer UIM coverage unless the policyholder rejects it in writing. The claim is asserted against your own carrier, which stands in the shoes of the underinsured driver to pay the difference between the at-fault driver’s limits and either your UIM limits or your proven damages, whichever is less.
How long do I have to file an underinsured motorist claim in New Jersey?
You generally have two years from the date of the injury to file a lawsuit on a personal injury claim, including a UIM claim. The statute of limitations is set by New Jersey law. Because a UIM recovery depends on the existence of a viable negligence claim against the at-fault driver, the same two-year period applies. If you wait beyond the deadline, the court may dismiss the case. The firm can help determine the specific date that applies to your situation.
What damages can I recover in an underinsured motorist claim?
You can seek compensation for economic losses such as medical bills and lost wages, and for non-economic losses including pain and suffering. The amount recoverable is limited by your UIM policy limit and by the extent of your proved damages. New Jersey does not cap compensatory damages in most personal injury actions. If your damages exceed both the at-fault driver’s coverage and your own UIM limit, you may still have a gap; consulting an experienced attorney can help clarify the insurance stack.
Do I need a lawyer for an underinsured motorist claim?
While you are not legally required to hire a lawyer, handling a UIM claim on your own can be difficult. The insurance carrier may dispute the valuation of your injuries, argue that the driver was not at fault, or raise policy-interpretation issues. An attorney can gather evidence, negotiate with the insurer, and, if necessary, file suit in the Superior Court of New Jersey. For an initial discussion of your claim, call Law Offices Of SRIS, P.C. at (888) 437-7747.
How does the claims process work for a UIM claim in New Jersey?
Typically the process begins with notice to your own insurer, followed by an investigation, a demand package, and settlement negotiations. You must give timely notice of a potential UIM claim as required by your policy. The firm helps prepare a demand that documents medical treatment, lost income, and other impacts. If the insurer makes an offer that is not acceptable, the next step is often filing a complaint in the Law Division of the Superior Court. The case may then proceed through discovery, motion practice, and, if no settlement is reached, trial.
What if the at-fault driver has no insurance at all?
When the driver who hit you has no liability insurance, you would pursue an uninsured motorist (UM) claim, not an underinsured motorist claim. New Jersey policies that include UM coverage provide a source of compensation for injuries caused by uninsured or hit-and-run drivers. UM and UIM coverages are often packaged together. The firm evaluates both avenues when reviewing a potential case; contact us at (888) 437-7747 to learn more.
Related Practice Areas
Hunterdon County Personal Injury Lawyer |
Somerset County Personal Injury Lawyer |
Morris County Personal Injury Lawyer |
Bergen County Personal Injury Lawyer |
Monmouth County Personal Injury Lawyer
Official Resources
New Jersey Courts |
New Jersey Legislature |
New Jersey Division of Insurance
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Case results depend on a variety of factors unique to each case.