When the at-fault driver in a car accident lacks insurance or does not have enough coverage, the claims process can be more difficult. Can you sue an uninsured driver if you're involved in an accident in New York? The short answer is yes, but there are some things to consider.
We will delve deeper into this situation in the following article. The important thing to do after an accident in NY that involves an uninsured driver is to seek medical care and consult with an NY car accident lawyer for legal advice specific to your specific circumstances.
Brandon J. Broderick, Attorney at Law has the experience and resources to help guide you through a frustrating accident with an uninsured driver. You have legal options to take, call us and let us help you.
Suing For Damages from an Uninsured Driver
Although victims of collisions involving uninsured drivers are faced with unique challenges, you can pursue legal action. One option would be to sue the uninsured driver, personally, for damages.
This is usually the first option that victims of a car accident may consider. You most certainly have the option to sue the driver personally if you were hurt due to their carelessness or negligence. It can be difficult to pursue legal action against an uninsured motorist, though.
Collecting any damages won in a lawsuit against a negligent driver is the issue, especially if they have insufficient personal assets. Winning or even attempting such a lawsuit may be fruitless or even a loss. Ultimately, you could incur further costs from the case if the uninsured driver is unable to pay the damages.
If a negotiated payment plan is agreed upon, a court could enforce collection. Or, other options to collection a personal injury debt includes:
- Garnishing their wages
- Filing a lien on their property
- Seizing personal property
- Driver's license suspension
Legal Options for Uninsured Driver Victims
Other legal options to recover losses from an uninsured NY driver include:
Uninsured Motorist (UM) Coverage: Should you own UM coverage, your own insurance policy will reimburse you losses brought on by the uninsured motorist.
If you are in an accident caused by an uninsured motorist (a driver who does not have the minimum amount of insurance needed by law) or a driver who is insured but has less coverage than you, New York's uninsured motorist coverage will pay for property damage or bodily injury.
If your policy is a Standard Policy, your auto insurance should cover any damage your car sustains
The state of New York follows no-fault auto insurance. This means the first insurer for the accident will be your personal insurance coverage. You will have a minimal amount of coverage for uninsured drivers who cause an accident
By law, all New York drivers must have at least $25,000 of third-party bodily injury coverage per accident.
Up to the policy level of the UM/UIM coverage, UM and UIM pay any difference between the entire cost of the accident and the amount collected from a driver's own PIP benefits, any reimbursement from the other driver's bodily injury coverage (in a UIM claim), and the other driver’s insurance.
When another driver in an accident is never identified, as in a hit-and-run accident, uninsured motorist coverage is also used. Uninsured motorist coverage kicks in whenever someone is hurt by "physical contact" with an unrecognized driver, according to New York Insurance Law § 5217.
Need Legal Assistance with a New York Uninsured Driver Claim?
In the event of a car accident involving an uninsured motorist, you have a right to full compensation for your damages. Whether or not you receive this is the question. Knowing your options and exploring all avenues is important, and our NY car accident lawyers can help you with this.
There is no up-front cost when you work with Brandon J. Broderick as your personal injury attorney. We only get paid if we win your case.
For a free consultation, get in touch with Brandon J. Broderick, Attorney at Law.