If an uninsured or underinsured driver hit you in Hackensack, the policy that pays for your injuries is your own. What you actually collect depends on the coverage option you bought, whether your injuries clear New Jersey’s lawsuit threshold, and how hard your own insurer pushes back.
A free case review with Maggiano DiGirolamo & Lizzi, P.C., tells you which coverage applies and what your own policy owes you before you respond to your insurer.
Who Pays When an Uninsured Driver Hits You in Hackensack
Your own auto insurance pays. New Jersey requires uninsured and underinsured motorist coverage, known as UM/UIM, on every standard policy under N.J.S.A. 17:28-1.1. When the driver who hit you has no insurance or too little, you file the claim with your own carrier, which also means the company deciding your payout is the one you have paid premiums to for years.
There are two situations rolled into one coverage. Uninsured motorist coverage applies when the at-fault driver had no insurance at all. Underinsured motorist coverage applies when they carry some, but not enough, to cover what your injuries cost. Both shift the claim onto your own policy.
This is what makes a UM claim different from an ordinary crash claim. Your insurer now has a financial reason to value the claim low. It will investigate, ask for statements, and look for ways to assign you part of the fault.
In practice, that puts you and your insurer on opposite sides of the same file. The shift happens the moment you learn the other driver cannot cover what they caused. From that point, the question is no longer the other driver’s insurance, it is your own.
I cannot thank Mr. Michael Maggiano and his staff enough for their handling of my case. My incident happened before the pandemic, but that did not hinder the performance of Michael, his Paralegal, Ms. Linda Reid, and his support staff. Ms. Reid remained in constant communication with me around the clock and she did her due diligence with gathering all evidence for my case. She left no stone unturned by recording every detail of the incident and my medical history. Every detail is important no matter how minuscule it may seem. Linda has the capacity to make you feel comfortable in one of the most uncomfortable moments of your life. Her explanation and assistance with the court proceedings put me at ease. Michael Maggiano and his Paralegal, Linda Reid will fight to win your case and get their clients what they are owed. Highly recommended!
I am delighted to provide this testimonial for Mr. DiGirolamo. His representation of me during my case was unflagging over its four-year duration. He kept me informed, and prepared for every eventuality as the case progressed.
He understood my fears and pain, and saw to it that Workmans Comp provided support for me until my civil case was settled. He prepared me substantially whenever necessary. I was very grateful for his understanding of the disastrous effect my accident had on every aspect of my life.
He was always supportive and kind personally, and totally professional. He reminded me to be realistic about the eventual outcome, and advised me as to the importance of my demeanor and attitude.
Everyone I came in contact with at the office was polite and helpful, in particular Marisol Suarez, Mr. DiGirolamo’s paralegal assistant. I will always be grateful for the way my case was handled.
We hired Chris DiGirolamo as our attorney after Mike suffered a life changing injury at work. From the time we met Chris we felt we can trust him to work in the best interest for Mike’s needs. Chris is very down to earth and we felt comfortable whenever we met with him. He spoke to us so we always understood what was going on. He never threw around legal jargon that we would not be able to understand. He was always willing to ensure we knew exactly how our case was proceeding. Chris showed humanity in dealing with Mike’s Injuries and understanding of Mike’s unwillingness to accept some of the changes in his life.
Chris’s high level of energy and desire to bring a case to the best possible results were evident from day one. Our case was settled but of court with the help of a mediator and Chris was by our side explaining what was going on every step of the way. His preparation throughout the case was evident as he spoke before the mediator. It was a pleasure to watch. Chris at work and know he was working for us. He is tough and stubborn when necessary. We were also impressed by the respect shown to Chris by the retired judge we worked with as well as other lawyers. Chris was only happy with this case when he knew we had a settlement that we were very impressed with.
The Coverage Choice That Decides Your Hackensack Uninsured Motorist Claim
The policy tier you selected when you bought coverage controls whether you have UM protection at all. New Jersey sells three options: the standard policy, the basic policy, and the Special Automobile Insurance Policy, often called the “Dollar a Day” plan. Only the standard policy includes the UM/UIM coverage that pays you after a crash with an uninsured driver.
Here is what each tier means for an uninsured motorist claim:
- Standard policy: includes UM/UIM coverage, so it pays you when an uninsured or underinsured driver causes your crash.
- Basic policy: a stripped-down, lower-cost option that does not carry UM/UIM coverage at all.
- Special Automobile Insurance Policy, the “Dollar a Day” plan: a residual policy with very limited benefits and no uninsured motorist protection, leaving the holder without UM coverage after an uninsured-driver crash.
A victim struck by a “Dollar a Day” driver is left in nearly the same position as one struck by a driver carrying nothing at all.
New Jersey’s standard policy also carries minimum liability limits. When the at-fault driver bought only the minimum, or nothing, your UIM coverage is what closes the gap between their limits and your actual losses.
Your declarations page, the summary at the front of your policy that lists your coverages and limits, is where many of these claims are won or lost. A single line about which tier you carry can decide whether your insurer owes you anything. Our fee comes from your recovery, not your pocket. Have our Hackensack uninsured motorist attorneys read your policy before you accept what your insurer says you carry.
How New Jersey’s Lawsuit Threshold Limits What You Can Recover
New Jersey ties your right to claim pain-and-suffering damages to a choice buried in your policy. If you selected the limitation-on-lawsuit option, sometimes called the verbal threshold or the “Cinderella law,” your right to recover non-economic damages is limited by N.J.S.A. 39:6A-8(a), which applies even when the damages come from your own UM coverage.
The alternative, the no-limitation option, preserves your full right to sue. Many drivers pick the limited option to lower their premiums without realizing the tradeoff. In plain terms: you traded a lower monthly cost for a narrower right to claim pain and suffering. Clearing the threshold later turns on objective medical evidence, which is why records from your treating providers become central to the claim.
The stakes are real in a UM claim. Non-economic damages, meaning the pain and the lasting effect on your daily life, often dwarf economic losses like medical bills and lost earnings. Your threshold choice can be the line between recovering for both or for medical costs alone.
When the Driver Who Hit You Is From New York
A New York driver who causes a crash in Hackensack is governed by New Jersey’s UM rules, not New York’s. New Jersey requires UM/UIM coverage on standard policies, but a New York driver’s insurer is not required to carry New Jersey-level limits. When that out-of-state driver is uninsured, you are left relying on your own New Jersey UM coverage to be made whole.
Practically, that gap means the uninsured out-of-state driver who caused your crash may have nothing to collect from, and pursuing them across state lines rarely changes that. Your New Jersey UM coverage becomes the realistic source of recovery, which is why the limits you chose matter so much.
This is not an edge case in Hackensack. The interchange between Route 80 and Route 17 funnels heavy cross-state traffic through Bergen County every day, so out-of-state and uninsured drivers are a routine factor in local crashes.
The same coverage gap appears when a rideshare driver turns out to be uninsured or unqualified to be on the road.
How a Hackensack Uninsured Motorist Claim Moves Forward
A New Jersey UM claim follows a set order, and knowing it tells you where yours stands. Your no-fault coverage pays first, your UM coverage handles what is left, and any dispute is resolved in arbitration or in court.
Your No-Fault Coverage Pays Before Your UM Claim
Your medical bills get paid first, then your UM claim addresses what is left. New Jersey is a no-fault state, so your own Personal Injury Protection coverage under N.J.S.A. 39:6A-4, the no-fault benefit that pays medical costs regardless of who caused the crash, comes first. UM coverage then takes over for losses beyond those limits, including the pain-and-suffering damages your threshold option allows.
PIP has limits of its own. Once your medical costs pass what PIP covers, the unpaid balance becomes part of what your UM claim has to address, alongside lost income and, where your policy allows, pain and suffering. Knowing where PIP stops and UM begins is central to valuing the claim correctly.
Arbitration or Bergen County Court Settles a UM Dispute
New Jersey routes most UM disputes to binding arbitration before the American Arbitration Association, unless you opt out and file suit in the Bergen County Superior Court, Law Division, in Hackensack. Arbitration means a neutral decision-maker resolves your claim instead of a jury. Both paths have tradeoffs, and the right choice depends on the facts of your crash.
What a Realistic Timeline Looks Like
A UM claim can take months, sometimes more than a year. A straightforward claim with clear injuries and adequate coverage can be resolved in months, while a disputed claim that goes to arbitration or into the Bergen County court can take considerably longer. The pace usually tracks how hard your insurer contests fault and the value of your injuries, not how quickly you file.
The Police Crash Report Anchors Your Claim
The police crash report is the document a UM claim stands on. The report records whether the other driver produced insurance, and its absence is part of what supports an uninsured motorist filing. New Jersey logs these reports through the state’s crash records system, so request a copy early.
Partial Fault Reduces What You Can Recover
Your recovery can shrink if your own insurer assigns you part of the blame. New Jersey follows modified comparative negligence under N.J.S.A. 2A:15-5.1 to -5.3, which reduces your damages by your share of fault and bars recovery if you are more than 50 percent at fault. Your insurer makes that fault call in a UM claim, and you have the right to challenge it.
The state explains how fault disputes work in auto claims through the Department of Banking and Insurance, including your right to appeal a percentage you disagree with.
Your insurer starts building its fault position from the first phone call. The percentage it assigns you can quietly cut a five-figure claim in half. You pay nothing unless we win. Talk to our Hackensack uninsured motorist attorney before your own insurer locks in a fault number against you.
Why Injured Hackensack Drivers Call Maggiano DiGirolamo & Lizzi, P.C.
The attorneys at Maggiano DiGirolamo & Lizzi, P.C. have spent decades trying personal injury cases in New Jersey and New York courts, including the Bergen County courtrooms where contested UM claims are decided. That courtroom record matters in a UM claim because insurers value cases differently when the firm across the table is ready to arbitrate or try the matter rather than settle for less.
The firm holds recognition from Best Lawyers and Super Lawyers, which reflects review by other New Jersey trial attorneys rather than self-promotion, along with membership in invitation-only trial-lawyer organizations. Our team handles claims in English, Spanish, and Korean, so the conversation about your coverage happens in the language you are most comfortable with.
These claims also demand resources. From reviewing your policy and gathering records to presenting the claim in arbitration or in court, the work stays in-house rather than getting handed off, which keeps the strategy consistent from the first conversation to the last.
A short conversation tells you whether your policy is being read correctly and what your claim is realistically worth. No fees unless we recover for you. Speak with a Hackensack uninsured motorist accident lawyer before you accept your insurer’s read of your coverage.
Verdicts and Settlements
$1,478,000 - Tractor Trailer Accident
A 41 year old police officer was injured off duty in his own parked car when a tractor trailer hit the officer’s open driver’s side door, forcing the car up onto the sidewalk.
$500,000 - Inadequate Building Security
Settlement reached for two married tenants of high rise condominium against a parking garage maintenance company for the 1994 sexual assault upon the wife by a trespassing assailant while the plaintiff was walking to her car to go to work.
$2,500,000 - Drunk Driver Passenger
A 23-year old waitress suffered injuries as the back seat passenger of a drunken driver when the driver crashed into the rear of a stopped tractor trailer parked on an approach ramp to a bridge due to a flat tire.
Uninsured Motorist Questions Our Hackensack Attorneys Answer Most
Will my insurance rates go up if I file an uninsured motorist claim in New Jersey?
Not because you were the victim. New Jersey generally does not permit your insurer to surcharge you for a claim where you were not at fault, and an uninsured motorist claim arises from another driver’s conduct, not yours. If the uninsured driver caused the crash, filing your UM claim should not raise your premium on that basis. We can press the carrier if it treats you otherwise.
Does uninsured motorist coverage pay for a hit-and-run in Hackensack?
Yes. In New Jersey, a hit-and-run is treated as an uninsured-driver crash, so your own UM coverage applies even when the at-fault driver is never identified. You generally need to report the crash promptly and document it, including a police report, to keep the claim alive.
What should I avoid saying to my insurer after an uninsured driver hits me?
Avoid guessing about fault, your speed, or how serious your injuries are before you have the facts. Your own insurer is also the one paying the UM claim, so a recorded statement can be used to assign you blame or shrink the payout. You can decline a recorded statement until you have a lawyer.
How long do I have to file an uninsured motorist claim in New Jersey?
New Jersey generally gives you two years from the date of the crash to bring a personal injury claim under N.J.S.A. 2A:14-2, and UM claims carry their own policy notice deadlines that can be shorter. Missing either can end the claim, so confirm both dates early.
What does a Hackensack uninsured motorist lawyer cost?
Nothing upfront. These cases run on a contingency fee, so the firm is paid a percentage of what it recovers, with no hourly charges or retainer. If there is no recovery, there is no fee.
Before You Take Your Insurer’s First Number
An uninsured-driver claim is the rare case where the company across the table is your own. Knowing which coverage applies, where your threshold lands, and how Bergen County handles these claims changes what you can ask for.
Call (201) 585-9111 to speak with our Hackensack uninsured motorist accident lawyers at Maggiano DiGirolamo & Lizzi, P.C. about your policy and your crash before you treat the insurer’s first number as final.
