Being involved in a motor vehicle accident is always a stressful and overwhelming experience, but when the other driver is uninsured, it can add an extra layer of complexity and uncertainty to an already challenging situation. At Omni Injury and Accident Law, P.C., a personal injury law firm based in New York, we understand the concerns and questions that may arise if you find yourself in this predicament. In this blog post, we’ll explore what happens if you’re in an accident with an uninsured driver in New York and what steps you can take to protect your rights and seek compensation for your injuries and damages.
New York’s Insurance Requirements
New York is a “no-fault” insurance state, which means that drivers are required to carry personal injury protection (PIP) coverage as part of their auto insurance policy. This coverage provides benefits for medical expenses, lost wages, and other losses incurred in an accident, regardless of who was at fault.
In addition to PIP coverage, New York law requires drivers to carry minimum liability insurance coverage. However, despite these requirements, some drivers still choose to operate their vehicles without insurance, either because they can’t afford the premiums or because they’re willing to take the risk of getting caught.
What to Do If You’re Hit by an Uninsured Driver
If you’re involved in an accident with an uninsured driver in New York, the first steps you should take are the same as in any other accident:
- Check for injuries and call 911 if necessary
- Move your vehicle to a safe location, if possible
- Exchange information with the other driver (name, contact details, vehicle information)
- Take photos of the damage to both vehicles and the accident scene
- Obtain contact information from any witnesses
- Report the accident to the police
In addition to these steps, it’s crucial to report the accident to your own insurance company as soon as possible, even if the other driver was at fault. Your insurer can help guide you through the claims process and explain your options for seeking compensation.
Uninsured Motorist Coverage
One way to protect yourself in the event of an accident with an uninsured driver is to carry uninsured motorist (UM) coverage as part of your own auto insurance policy. This coverage provides benefits if you’re injured in an accident caused by a driver who doesn’t have insurance or doesn’t have enough insurance to cover your losses.
In New York, insurance companies are required to offer UM coverage with minimum limits of $25,000 per person and $50,000 per accident, although you can choose to purchase higher limits for added protection.
If you have UM coverage and are hit by an uninsured driver, you can file a claim with your own insurance company to seek compensation for your medical expenses, lost wages, pain and suffering, and other damages. Your insurer will then investigate the claim and negotiate a settlement on your behalf.
Pursuing a Personal Injury Lawsuit
If you don’t have UM coverage or if your losses exceed the limits of your coverage, you may still have the option of pursuing a personal injury lawsuit against the uninsured driver. However, this can be a challenging process, as many uninsured drivers may not have significant assets or income to pay a judgment.
That’s where the experienced personal injury attorneys at Omni Injury and Accident Law, P.C. can help. We can investigate the accident, gather evidence to support your claim, and explore all possible sources of compensation, including:
- The uninsured driver’s personal assets
- Any applicable insurance policies (e.g., a business policy if the driver was working at the time of the accident)
- Your own health insurance or other benefits
We understand the financial and emotional toll that an accident with an uninsured driver can take on you and your family, and we’re committed to fighting for the compensation you deserve. If you or a loved one has been injured in an accident with an uninsured driver in New York, contact Omni Injury and Accident Law, P.C. at 646-503-0404 today to schedule a free consultation with one of our knowledgeable and compassionate personal injury attorneys. We work on a contingency fee basis, which means you won’t owe us anything unless we recover compensation for you. Let us help you navigate this challenging time and protect your rights.