If you are injured by a driver with insufficient insurance in Burlington County, an Underinsured Motorist Claim Lawyer Burlington County can help recover the difference. Under N.J.S.A. 17:28-1.1, your UIM coverage fills the gap. Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide. Contact us 24/7.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Statutory Definition of Underinsured Motorist Claims in New Jersey
New Jersey law requires insurers to offer Underinsured Motorist (UIM) coverage under N.J.S.A. 17:28-1.1. This coverage applies when the at-fault driver’s liability limits are less than your total damages. An Underinsured Motorist Claim Lawyer Burlington County understands that UIM claims require proving the other driver’s fault and demonstrating that your injuries exceed their policy limits. The claim is filed against your own insurance company, but it is treated as a third-party claim for litigation purposes. You must show that the other driver was negligent and that your damages — medical bills, lost wages, pain and suffering — exceed the at-fault driver’s coverage. New Jersey follows a modified comparative fault rule under N.J.S.A. 2A:15-5.1, meaning you cannot recover if you are more than 50% at fault. The statute of limitations for filing a UIM claim is two years from the date of the accident. Your UIM coverage acts as a safety net when the other driver’s insurance is insufficient to cover your full losses.
External Citation Links
Review the official New Jersey statutes governing underinsured motorist claims: N.J.S.A. 17:28-1.1 (New Jersey Legislature). For court procedures, visit the Superior Court of NJ, Burlington Vicinage.
- Report the accident to your insurance company and request a copy of the at-fault driver’s policy limits.
- Gather all medical records, bills, and documentation of lost wages to establish the full extent of your damages.
- Send a demand letter to your UIM carrier outlining your injuries and the inadequacy of the other driver’s coverage.
- If the insurer denies or undervalues the claim, file a lawsuit in the Superior Court of NJ, Burlington Vicinage.
- Participate in mandatory arbitration if the claim is under $20,000, or proceed to trial for larger claims.
- Negotiate a settlement or obtain a jury verdict to recover the difference between your damages and the at-fault driver’s policy.
In Burlington County, an underinsured motorist claim can recover medical expenses, lost wages, and pain and suffering beyond the at-fault driver’s policy limits.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Underinsured Motorist Claim (Civil) | Civil action — Law Division | None | Damages: medical, lost wages, pain and suffering | None | Modified comparative fault: barred if more than 50% at fault |
Results may vary. Prior results do not guarantee a similar outcome.
Case Results
Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate. Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Our Burlington County location is accessible via NJ Turnpike, I-295, Route 130, Route 206, Route 38, and Route 73. We serve clients throughout Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton. An Underinsured Motorist Claim Lawyer Burlington County from SRIS, P.C. can help you pursue the compensation you deserve. Contact us for a consultation by appointment.
Frequently Asked Questions
What is an underinsured motorist claim in Burlington County?
Yes. It is a claim against your own insurance policy when the at-fault driver’s liability limits are insufficient to cover your total damages. The claim is filed under N.J.S.A. 17:28-1.1 and litigated in the Superior Court Law Division.
How long do I have to file a UIM claim in New Jersey?
Two years from the date of the accident. Missing this deadline bars your claim permanently. Contact an Underinsured Motorist Claim Lawyer Burlington County promptly to preserve your rights.
Can I sue my own insurance company for a UIM claim?
Yes. If your insurer denies or undervalues your UIM claim, you can file a lawsuit in the Superior Court of NJ, Burlington Vicinage. The case proceeds like a third-party negligence action.
What damages can I recover in a UIM claim?
Medical expenses, lost wages, pain and suffering, and loss of consortium. New Jersey does not cap personal injury damages, so your recovery depends on the severity of your injuries and available UIM limits.
Do I need a lawyer for a UIM claim in Burlington County?
It depends. Insurance companies often deny or lowball UIM claims. An Underinsured Motorist Claim Lawyer Burlington County can negotiate with the insurer, gather evidence, and litigate if necessary to maximize your recovery.
Attorney responsible for this advertisement: Mr. Sris, Law Offices Of SRIS, P.C., 44 Apple St 1st Floor, Tinton Falls, NJ 07724.
