Questions & answers · Car insurance
In New Jersey, the at-fault driver's insurer says it will not pay or its customer does not have enough insurance. What can I do?
Car insuranceAppealNew JerseyChecked Nov 6, 2026
From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: New Jersey Department of Banking and Insurance (NJDOBI) View original ↗
In short
- New Jersey's insurance department says you may file an uninsured motorist claim with your own company if the other insurer denies the claim.
- It says you may file an underinsured motorist claim if the other driver's insurance is not enough.
- The page ties both to having a Standard Policy and mentions a $500 deductible.
What this means
This answer uses one New Jersey Department of Banking and Insurance page. If the other driver's insurer says it will deny your claim because its customer's policy does not cover it, the page says you can file an uninsured motorist claim with your own company. If the other driver did not carry enough insurance to pay your damages, the page says you can file an underinsured motorist claim with your own company.
The page says both require that you have a Standard Policy, and that the payment is less the $500 policy deductible. What your own policy covers depends on your policy. The sources do not say more.
Your next step
Read your own auto policy and declarations page for uninsured and underinsured coverage. Report the claim to your own company. The page gives no deadline here; your policy may have one.
Check it yourself
Open the NJDOBI page and read questions 5 and 6.
Where this comes from (1)
[1] New Jersey Department of Banking and Insurance (NJDOBI) · checked 2026-11-06
You can file an Uninsured Motorist Claim with your own company, provided you have a Standard Policy, and you can be paid for your damages less the $500 policy deductible. … You can file an Underinsured Motorist Claim with your own company, provided you have a Standard Policy, and you can be paid for your uncompensated damages less the $500 policy deductible.
How we found this
We matched your question to 1 official source, quoted the exact lines, and re-checked each quote against its source on 2026-11-06.
What we don’t know yet
Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.
Every answer is checked against the official rule it quotes.
Information only — not legal advice. Your plan, insurer or agency decides.
This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.
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