Looking beyond minimum insurance
Minimum insurance does not establish the value of your injury. It establishes a coverage limit that may be only one part of the investigation. In New Jersey, I want to confirm the responsible driver's policy, determine whether other supported claims or policies apply and evaluate any underinsured motorist coverage before recommending a release. The objective is to understand the available recovery as fully as the facts permit.
For standard New Jersey auto policies issued or renewed beginning January 1, 2026, the minimum bodily-injury liability limits increased to $35,000 per person and $70,000 per accident. Different policy forms and circumstances can involve different protection. The actual policy and accident date must be reviewed instead of assuming every vehicle carries the same amount.
A careful coverage review can reveal options beyond the first insurance limit you are offered.
Confirm the policy and who it protects
An adjuster's reference to a minimum policy is a starting point. We need the applicable declarations and coverage information. The vehicle owner and driver may be different people, and the use of the vehicle at the time can matter.
If the driver was working, the investigation should examine that relationship and trip. A delivery assignment or rideshare activity may raise additional coverage questions. Those possibilities require evidence; they should be investigated without assuming an employer or platform is automatically responsible for every trip.
The policy's per-person and per-accident limits also have different meanings. Where multiple people were injured, a shared accident limit may affect the available distribution. The evaluation should identify competing claims and avoid presenting the maximum per-person limit as a guaranteed payment.
Consider other supported sources of responsibility
Some collisions involve more than one negligent actor. A separate driver, a responsible employer or another party may have contributed under the actual facts. The investigation should follow the evidence showing how the collision occurred and who had legal responsibility.
An umbrella or additional policy may also warrant review. Availability depends on the insureds, the event and the policy terms. A policy owned by a relative is not automatically applicable simply because a family relationship exists. We need to determine whether the injured person or responsible party qualifies for the coverage at issue.
This work is particularly important before settling. Once a release is signed, it may affect claims that should have been evaluated first. A quick offer can be useful information, but it should be reviewed with the coverage picture and release language in hand.
Review your underinsured motorist protection
Underinsured motorist coverage, often called UIM, is protection purchased for qualifying injuries involving an underinsured responsible motorist. Its availability depends on the policy, applicable limits and New Jersey law. It is not an automatic additional payment whenever damages exceed the other driver's insurance.
The relationship between the responsible driver's limits and the applicable UIM limits matters. Offsets and other coverage provisions may affect what can be recovered. The proper analysis uses the actual policies and circumstances rather than simply adding the printed limits together.
Before releasing the at-fault party, counsel must address the UIM carrier's notice and subrogation rights under the applicable procedures. Signing first and asking later can jeopardize coverage. Send any proposed limits offer or release to your lawyer so those requirements can be considered before the agreement becomes final.
Keep the injury evidence moving forward
The coverage investigation and medical development can proceed together. Documenting the injury remains important even when one policy has a low limit. Another applicable policy or claim may require a fuller evaluation of damages.
Continue to communicate with your treating providers about symptoms and restrictions. Keep counsel informed of changes in treatment and work. If the medical course is still developing, that uncertainty should be acknowledged when evaluating a proposed resolution.
The amount available and the amount the evidence supports are related but distinct questions. A policy limit does not diagnose the injury or describe its effect on your life. My advice should explain both the supported damages and the practical sources from which a recovery may be obtained.
Evaluate collection realistically
An individual may be legally responsible beyond insurance. Whether pursuing that additional amount will produce a collectible recovery is a separate practical inquiry. Assets, applicable protections and the cost of continued litigation can affect the decision.
The client deserves that analysis without either an automatic dismissal of the possibility or an unrealistic promise. A larger judgment on paper is useful only in the context of what can actually be recovered. The available evidence should guide whether further investigation or litigation is worthwhile.
Bring every relevant insurance document you can locate, including your own auto declarations. If you do not have a complete policy, we can identify what needs to be requested. The most important step is to evaluate the options before agreeing to a final release. That gives you the opportunity to decide with a clearer understanding of the protection available.
Sources and Further Reading
About Michael B. Fusco
Michael B. Fusco is a New Jersey personal injury attorney certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Read Mike’s biography and credentials.
Discuss Your Personal Injury Questions
If you have questions about an injury in New Jersey, I am happy to discuss what happened and the options the facts may support. You do not need to have every document or answer before contacting us. Call 732-465-8733 or contact Fusco Law for a free personal injury consultation.
General Information
This article provides general information, not legal advice for a particular situation. Laws and policy terms must be applied to the actual facts. Reading this article or contacting the firm does not, by itself, create an attorney-client relationship.