Car insurance is an important responsibility for vehicle ownership, providing financial protection in the event of an accident. However, not all drivers adhere to this requirement, and finding yourself in a collision with an uninsured motorist can be a stressful situation. In New York, the ramifications of such incidents are significant, and it is beneficial to understand your legal options if the other driver doesn't have insurance.
Accidents can be minor, resulting in scrapes and bruises, but can also lead to severe injuries, and in some cases, death. When the at-fault driver lacks insurance, the process of obtaining compensation becomes even more challenging. Fortunately, New York law provides protections for victims to navigate these complex scenarios. Of course, we urge you to seek legal counsel in these situations to ensure you know the options you have.
Brandon J. Broderick, Attorney at Law has been helping car accident victims in New York for years. We can help you secure the compensation you deserve, even when the other driver is uninsured. Call us today to learn more about how we can help.
Understanding Uninsured Motorist Situations
The Role of Personal Injury Protection (PIP) After an Accident
When you get into an accident in New York, your own personal injury protection (PIP) coverage is the first source of compensation after a car accident, regardless of who is at fault. PIP coverage pays for medical expenses, lost earnings, and other out-of-pocket costs, up to a minimum of $50,000 per person per accident. If your damages exceed the PIP limits, remaining expenses would be covered by the at-fault driver's insurance.
Uninsured Drivers
Despite legal requirements, a significant number of drivers operate vehicles without insurance. According to the Insurance Research Council, approximately one in eight drivers in the United States is uninsured. In New York, this problem is mitigated by stringent insurance laws, but it still poses a risk to motorists.
Legal Options for Accident Victims in New York
Uninsured Motorist Coverage
One of the most effective protections against uninsured drivers is uninsured motorist (UM) coverage. In New York, insurance policies are required to include UM coverage, which compensates you if you're injured by a driver without insurance and your damages exceed your PIP limits. This coverage can help pay for medical bills, lost wages, and other damages resulting from the accident.
UM coverage is part of your own insurance policy, and it applies when you are involved in an accident with an uninsured driver. This ensures that you are not left without financial recourse even if the at-fault party lacks insurance. To utilize this coverage, you must file a claim with your insurance company, providing evidence of the other driver's lack of insurance and the damages you have incurred.
Underinsured Motorist Coverage
In addition to UM coverage, New York also mandates underinsured motorist (UIM) coverage. This type of insurance kicks in when the at-fault driver's insurance is insufficient to cover the full extent of your damages. For example, if the other driver has minimal coverage that doesn't fully compensate you for your injuries and losses, UIM coverage can help bridge the gap.
Filing a Lawsuit
If your damages exceed the limits of your UM, UIM, and PIP coverage, or if you suffer a serious injury as defined by New York law, you may have the option to file a personal injury lawsuit against the at-fault driver. Serious injuries include significant disfigurement, bone fractures, and substantial disability for 90 days or more. A successful lawsuit can result in compensation for medical expenses, lost wages, pain and suffering, and other related costs.
However, collecting damages from an uninsured driver can be challenging, as they may not have the financial resources to pay a judgment. In such cases, consulting with an experienced personal injury attorney is important if you are considering this route. They can explore all possible avenues for recovery.
Practical Steps After an Accident with an Uninsured Driver
- Call the Police: Always report the accident to the police and obtain a copy of the accident report. This document will be essential for your insurance claim and any potential legal action.
- Gather Evidence: Collect information at the scene, including photographs, witness statements, and the other driver's contact details.
- Notify Your Insurance Company: Inform your insurer about the accident as soon as possible and provide all necessary documentation to support your UM or UIM claim.
- Seek Medical Attention: Even if you don't feel seriously injured, it's important to get a medical evaluation to document any potential injuries and begin treatment.
Been in an Accident? Call Brandon J. Broderick For Help
Navigating the aftermath of an accident with an uninsured driver can be overwhelming. Consult with a legal professional to understand what your options are. At Brandon J. Broderick, Attorney at Law, we specialize in helping car accident victims. Our experienced team of attorneys is dedicated to providing the legal support you require to obtain a successful resolution in your case.
If you've been injured in an accident with an uninsured driver, contact us today for a free consultation.