Can You Sue for Personal Injuries in New Jersey if You Own an Uninsured Car?

If you live in New Jersey and you are thinking about operating your own uninsured passenger car or SUV, here’s some free legal advice: “DON’T.”

In New Jersey, if you get into an accident while driving your car without automobile insurance, you may lose your right to sue the careless driver, and you may lose your right to New Jersey no-fault insurance and personal injury protection benefits. The law is pretty strict about this. If you own an uninsured car and get hurt in a car accident, you usually can’t sue for your injuries. This restriction even includes the ultimate injury… death. That is because New Jersey requires all vehicles to be insured, at a minimum, for limited medical coverage. The New Jersey law that applies to uninsured, negligent drivers is Rev. Statute. N.J.S.A. 39:6B-2, which is meant to severely punish those who do not renew their automobile liability insurance. The law is so strict that it even requires garaged cars and inoperable cars to be registered and insured.  

Another reason to maintain liability insurance is that if you are uninsured and you cause an accident, you can be ticketed for the offense. The Municipal Court penalties can be quite serious, especially for second offenses. Penalties include steep fines, license suspension, imprisonment, and community service.  

Even if you did not cause the car accident, the standard is whether you knew or should have known that the vehicle was uninsured.  

The Recent Court Decision

A recent court case in New Jersey highlighted this issue. On October 26, 2019, Najim Memudu was driving his uninsured car when he got into an accident on the New Jersey Turnpike. While he was looking for his phone in his car after the first accident, another car crashed into his vehicle, and he was tragically killed. Subsequently, a wrongful death case was brought against both negligent drivers.

Both Defendants filed Motions asking the Court to dismiss the case because the Plaintiff, Mr. Memudu, was uninsured. When a Motion such as this is filed, the Court has to decide if Memudu could be considered to be “operating” his uninsured car at the time of the second accident. The law, N.J.S.A. 39:6A-4.5(a), says that you can’t sue for your injuries if you are operating an uninsured car when you get hurt. However, the court decided that Memudu was not operating his car during the second accident because his car had already been disabled from the first crash. He was just looking for his phone, not driving or trying to drive.

Judge Joseph L. Marczyk explained that the key issue was whether Memudu was “operating” his vehicle at the time of the second accident. The court concluded that he was not because his car was inoperable, and he had no intention of driving it. The judge emphasized that the language of the statute is clear and unambiguous, and it did not apply to Memudu’s situation.

The defendants and their insurance companies argued that the statute should apply because Memudu’s uninsured vehicle was involved in a double-impact accident. They cited a previous case, Perrelli v. Pastorelle, where the statute was applied to the owner of an uninsured vehicle who was injured while a passenger. However, the court found that this case was different because Memudu was not operating his vehicle or intending to operate it at the time of the second accident.

When You Can Sue

You can still sue in some situations, even if you own an uninsured car. For example, if you were not operating the vehicle at the time of the accident, like in Memudu’s case, you might still have a chance to sue. In fact, if a person is injured while operating an uninsured motorcycle, they can still sue. According to Garry R. Salomon, founding partner at New Jersey’s Davis, Saperstein & Salmon, P.C. and author of the book titled  “The Consumer’s Guide to New Jersey Personal Injury Claims: “Each case is different and highly fact sensitive, so it’s important to talk to an experienced and  qualified personal  injury lawyer to understand your rights.”

Contact Our Attorneys Today to Learn More About Your Rights

This case shows how important it is to maintain car insurance in New Jersey. If you own a car, make sure it is insured at all times to protect yourself, your family, and others on the road.

If you or a loved one has been injured in an accident, the law firm of Davis, Saperstein & Salomon, PC is here to help. With offices in New Jersey and New York, our experienced attorneys can guide you through the legal process and fight for your rights. Contact the firm today by calling 1(800)529-2000 for a free consultation.