Underinsured Motorist Claim Lawyer Burlington County NJ |
Underinsured Motorist Claim Lawyer in Burlington County, NJ
An underinsured motorist claim in Burlington County, NJ, allows you to seek compensation from your own insurer when the at-fault driver’s policy is insufficient. Law Offices Of SRIS, P.C. provides focused representation for these complex claims, which are governed by New Jersey’s unique insurance laws.
New Jersey Underinsured Motorist (UIM) Law
An Underinsured Motorist (UIM) claim arises under New Jersey law when the at-fault driver in an accident carries liability insurance, but the policy limits are too low to cover your total damages for medical bills, lost wages, and pain and suffering. New Jersey operates under a “verbal threshold” system for UIM claims, meaning your right to sue for non-economic damages like pain and suffering may be limited unless your injuries meet certain statutory criteria defined in the New Jersey Automobile Insurance Cost Reduction Act (N.J.S.A. 39:6A-8). Successfully pursuing a UIM claim requires proving the other driver was at fault, documenting that your damages exceed their policy limits, and then handling the claim process with your own insurance company, which now has a financial interest in minimizing your payout.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
External Legal Resources
- N.J.S.A. 39:6A-8 (New Jersey Legislature) – The statute governing the verbal threshold for personal injury lawsuits and UIM claims.
- Superior Court of New Jersey, Burlington Vicinage – Official court website with forms, rules, and contact information.
Procedural Edge in Burlington County UIM Claims
UIM claims in Burlington County are filed in the NJ Superior Court Law Division after exhausting the at-fault driver’s policy. A key procedural fact is that your own insurer has the right to contest both liability and the extent of your damages, effectively putting you in an adversarial position with your insurance provider. Discovery, including Independent Medical Exams (IME) requested by your insurer, is common. For cases under $20,000, mandatory non-binding arbitration may be required before a trial can be scheduled.
- Exhaust the At-Fault Policy: First, settle with the at-fault driver’s insurance company for their full policy limits. This settlement must be documented.
- Notify Your Insurer: Formally notify your own insurance carrier of your intent to pursue a UIM claim, providing all evidence of the other driver’s fault and your damages.
- Negotiate or File Suit: If your insurer denies the claim or offers an inadequate settlement, you may need to file a lawsuit in Superior Court to compel arbitration or proceed to trial.
- handle Arbitration/Trial: Your case may go through court-ordered arbitration. If the award is unsatisfactory, you can demand a trial by jury within 30 days.
Potential Compensation in a UIM Claim
In Burlington County, a successful underinsured motorist claim can recover compensation for medical expenses, lost income, property damage, and pain and suffering that exceeds the at-fault driver’s policy limits, subject to your own UIM coverage limits.
| Damage Type | Description | Considerations |
|---|---|---|
| Medical Expenses | Past and future costs for hospital stays, surgery, therapy, and medication. | Must be documented and causally related to the accident. |
| Lost Wages | Income lost due to inability to work, including diminished future earning capacity. | Requires employer verification and sometimes experienced testimony. |
| Pain and Suffering | Compensation for physical pain and emotional distress. | Subject to New Jersey’s “verbal threshold” limitations unless injuries are severe. |
| Property Damage | Cost to repair or replace your vehicle and other damaged property. | Typically handled separately under the collision portion of your policy. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your UIM Claim
Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, brings a combined 120+ years of legal experience to complex insurance disputes. Our tagline, “Advocacy Without Borders,” reflects our commitment to aggressive client representation. We understand that an underinsured motorist claim attorney in Burlington County NJ must be prepared to litigate against large insurance companies who are focused on protecting their bottom line. We use detailed case preparation and a deep understanding of New Jersey’s insurance statutes to advocate for full compensation.
Our Approach to Underinsured Motorist Claims
Our underinsured motorist claim law firm Burlington County NJ takes a meticulous, evidence-driven approach. We start by conducting a full investigation to establish the other driver’s fault and liability limits. We then meticulously document all your current and anticipated future damages, often consulting with medical and economic experts to build a compelling case for the full value of your claim. We prepare every case as if it will go to trial, which strengthens our position during negotiations with insurance adjusters.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Burlington County Underinsured Motorist Claim Lawyers
Our New Jersey location serves clients at Burlington County courts. We represent individuals in Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-0900
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Underinsured Motorist Claim FAQs
What is the difference between uninsured (UM) and underinsured (UIM) motorist coverage in NJ?
Yes, there is a key difference. Uninsured Motorist (UM) coverage applies when the at-fault driver has no insurance. Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover your total damages. Both are optional but highly recommended coverages in New Jersey.
Do I need a lawyer for an underinsured motorist claim?
It depends. While you can file a claim yourself, insurance companies have legal teams focused on minimizing payouts. An experienced underinsured motorist claim lawyer Burlington County NJ can handle negotiations, ensure proper valuation of your claim, handle the “verbal threshold,” and file a lawsuit if necessary to protect your rights and maximize your recovery.
How long do I have to file a UIM claim in New Jersey?
The statute of limitations for personal injury in New Jersey is generally two years from the date of the accident. This deadline applies to filing a lawsuit for your UIM claim if a settlement cannot be reached. It is crucial to begin the process well before this deadline to allow time for investigation and negotiation.
Can my insurance company deny my UIM claim?
Yes. Your insurer may deny a UIM claim by arguing the other driver was not at fault, that your injuries do not meet the state’s “verbal threshold” for pain and suffering, or that your damages do not exceed the at-fault driver’s policy limits. They may also dispute the necessity or cost of your medical treatment.
What is New Jersey’s “verbal threshold” for UIM claims?
The “verbal threshold” (also known as the limitation-on-lawsuit threshold) is a legal standard in NJ auto insurance policies. If you selected this option on your policy, you can only sue for pain and suffering if your injury results in death, dismemberment, significant disfigurement, a fracture, or loss of a fetus, or if you suffer a permanent injury. An experienced attorney can help determine if your injuries meet this standard.
Related Legal Services in Burlington County
If you are dealing with the aftermath of a serious accident, you may need assistance in other areas. Our firm also handles business law, civil litigation, and DUI defense in Burlington County. For more information on personal injury claims throughout New Jersey, visit our state hub page for New Jersey Personal Injury Lawyers. We also serve clients in neighboring areas like Camden County and Atlantic County.
Page last verified and updated: 2026-04-01. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current guidance regarding your underinsured motorist claim.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.