New Jersey · Uninsured driver · Updated Oct 2026
Hit by an uninsured driver in New Jersey: coverage, penalties and what to do
Your coverage, the penalties and how to claim your losses.
Short answer
With a Standard Policy, your own uninsured motorist coverage pays for injuries and property damage caused by a driver who doesn't have the minimum insurance required by law. A Standard Policy must include a minimum amount of uninsured/underinsured motorist coverage; you can buy more, up to your liability limits.
- Uninsured motorist (UM) coverage
- Not required
- Minimum liability
- 35/70/25
- Insurance system
- Choice no-fault
Uninsured motorist coverage in New Jersey
- Uninsured / underinsured motorist (UM/UIM)
- A Standard Policy must include a minimum amount of uninsured/underinsured motorist coverage; you can buy more, up to your liability limits. The Basic Policy (a low-cost option) has no liability coverage for injuries unless you add $10,000 (for all people, per accident), only $5,000 property damage liability, $15,000 PIP and no UM/UIM. A Special Policy for some Medicaid recipients gives medical-only coverage for $365 a year.
- Liability minimum
- 35/70/25 (Standard Policy, for policies issued or renewed on or after Jan. 1, 2026; it was 25/50/25 from 2023 to 2025)
- Official text
- Read the official text
Compare every state in the minimum insurance table.
If the other driver has no insurance in New Jersey
- With a Standard Policy, your own uninsured motorist coverage pays for injuries and property damage caused by a driver who doesn't have the minimum insurance required by law.
- Underinsured coverage pays the difference between your UIM limit and the other driver's limit.
- The Basic Policy has no UM/UIM.
Penalties for driving uninsured in New Jersey
- Driving without required insurance: first offense $300-$1,000 fine, community service and possible license suspension up to 1 year; a repeat offense up to $5,000, 14 days in jail, 30 days community service and possible suspension up to 2 years (N.J.S.A. 39:6B-2).
No-fault benefits in New Jersey
New Jersey uses a choice system: drivers choose options that decide how injury claims work, such as no-fault benefits or limits on suing for pain and suffering. The details are below. New Jersey is a no-fault (PIP) state with a choice of lawsuit option. Personal injury protection pays your own medical bills first, whoever caused the crash.
Claiming from the uninsured driver in New Jersey
Small claims limit for car damage in New Jersey: $5,000 in the Small Claims section of the Special Civil Part; $5,000 to $20,000 goes to the regular Special Civil Part. New Jersey small claims guide on Small Claims Map
Step by step if an uninsured driver hits you in New Jersey
- Report the crash to the police. Call the police right away (local police, county police or State Police) if anyone is hurt or killed or damage to any one person's property is over $500. Reporting a crash in New Jersey and getting the police report
- Write down the other car's plate and get witness names.
- Claim under your uninsured motorist coverage; in New Jersey it is not required.
- File your PIP claim on time; New Jersey's no-fault benefits don't depend on who caused the crash.
- If your coverage doesn't pay everything, sue the driver before the deadline: 6 years for property damage and 2 years for injury. Deadlines to sue in New Jersey, with the calculator
Free help in New Jersey
Questions about uninsured drivers in New Jersey
Is uninsured motorist coverage required in New Jersey?
A Standard Policy must include a minimum amount of uninsured/underinsured motorist coverage; you can buy more, up to your liability limits. The Basic Policy (a low-cost option) has no liability coverage for injuries unless you add $10,000 (for all people, per accident), only $5,000 property damage liability, $15,000 PIP and no UM/UIM. A Special Policy for some Medicaid recipients gives medical-only coverage for $365 a year.
What happens if you drive without insurance in New Jersey?
Driving without required insurance: first offense $300-$1,000 fine, community service and possible license suspension up to 1 year; a repeat offense up to $5,000, 14 days in jail, 30 days community service and possible suspension up to 2 years (N.J.S.A. 39:6B-2).
What can I do if an uninsured driver hits me in New Jersey?
With a Standard Policy, your own uninsured motorist coverage pays for injuries and property damage caused by a driver who doesn't have the minimum insurance required by law. Underinsured coverage pays the difference between your UIM limit and the other driver's limit. The Basic Policy has no UM/UIM.
What is the minimum car insurance in New Jersey?
35/70/25 (Standard Policy, for policies issued or renewed on or after Jan. 1, 2026; it was 25/50/25 from 2023 to 2025)
How long do I have to sue an uninsured driver in New Jersey?
6 years for property damage and 2 years for injury.
More for New Jersey drivers
- All car accident rules in New Jersey
- Comparative fault
- Reporting a crash
- Deadline to sue
- Minimum car insurance in every state
- Guide: hit by an uninsured driver
- Fault and payout explainer
- Deadline calculator
- Insurance claim letter
- Police report request letter
Nearby states
- NJ DOBI: Auto Insurance Buyer's Guide 2026
- NJ Self-Reporting Crash form SR-1 (PDF)
- NJDOT: Self-Reporting Crash form page
- N.J.S.A. 2A:15-5.1 (comparative negligence)
- NJSP & NJ Turnpike Authority Crash Report Requests
- N.J.S.A. 39:4-130 (notice and written report of crashes)
- N.J.S.A. 39:6A-3 (compulsory coverage limits)
- N.J.S.A. 39:6B-2 (penalties for no insurance)
- N.J.S.A. 2A:14-1 (6-year limit)
- N.J.S.A. 2A:14-2 (2-year limit)
- N.J.S.A. 59:8-8 (notice of claim against public entity)
- NJ DOBI: Consumer Inquiries and Complaints
Last checked: Oct 24, 2026.