Car insurance is required in most states, including New York. Despite this legal requirement, many drivers remain uninsured. According to the Insurance Research Council, approximately one in seven drivers (15.4%) do not have auto insurance, based on the most recent 2023 data. That means it is not unlikely to be in a car accident with someone who is uninsured. Because of this possibility, it is important to know what to do if you or a loved one is involved in an accident with an uninsured driver. Understanding your rights and options after such an accident can help protect your ability to recover compensation for injuries and property damage.
What Are the Auto Insurance Requirements in New York?
According to the New York Department of Motor Vehicles, auto insurance is a requirement for individuals who own a vehicle in the state of New York. The amount of liability coverage needed varies based on the type of injury or damage done. The minimum amount of coverage necessary is as follows:
- $10,000 for property damage for a single accident.
- $25,000 for bodily injury and $50,000 for death of a person involved in an accident.
- $50,000 for bodily injury and $100,000 for death of two or more people in an accident.
These minimum coverage requirements are designed to ensure that drivers can cover basic damages and injuries resulting from motor vehicle accidents. However, many drivers still operate vehicles without meeting these requirements, leaving accident victims with limited options for recovery.
What to Do After an Accident With an Uninsured Driver
Calling the police is the first step you should take after you have been in a car accident. This is important with any auto accident, but it is crucial in cases in which the other driver is uninsured. The police report is evidence that can be used when pursuing compensation. It is also important to gather as many details as possible before the driver leaves the scene. This includes their contact information, license plate number, car type and description, the location and time of the accident, and the officer’s information. Taking photos of the damage to all vehicles involved, visible injuries, road conditions, and traffic signals can also be helpful for your case.
Do not take money from the uninsured driver. Some drivers that are uninsured will offer the other driver money to avoid police involvement or a personal injury lawsuit. While their offer may seem adequate at the time, you are likely to receive a much larger settlement by working with an attorney and determining whether your own insurance policy provides uninsured motorist coverage. You will want to receive medical treatment and have a damage estimate completed to ensure that you receive sufficient compensation for the damages and injuries that you have suffered.
Seek medical attention immediately, even if your injuries seem minor. Some injuries from car accidents do not show symptoms right away, and prompt medical evaluation creates documentation that links your injuries to the accident. Keep records of all medical visits, treatments, prescriptions, and related expenses.
Understanding Uninsured Motorist Coverage in New York
Uninsured motorist (UM) coverage is an important component of auto insurance policies in New York. This coverage is designed to protect you when you are injured by a driver who does not carry insurance or cannot be identified, such as in hit-and-run accidents. New York law requires insurance companies to include mandatory uninsured motorist (UM) coverage at minimum bodily injury limits in every auto liability policy, which policyholders cannot decline. However, insurers must also offer supplementary uninsured/underinsured motorist (SUM) coverage beyond the mandatory minimums, which policyholders may decline in writing under New York Insurance Law Section 3420(f)(2).
If you have uninsured motorist coverage, your own insurance company may compensate you for medical expenses, lost wages, and other damages resulting from the accident. The claims process typically involves notifying your insurer, providing documentation of the accident and your injuries, and potentially negotiating a settlement. An experienced uninsured motorist lawyer can help you navigate this process and ensure your insurance company honors its obligations under your policy.
Options for Recovering Compensation
When you are involved in an accident with an uninsured driver, several avenues for compensation may be available. First, review your own auto insurance policy to determine if you have uninsured motorist coverage. If you do, filing a claim with your own insurer is often the most direct path to recovery.
If you do not have uninsured motorist coverage, you may still pursue a personal injury lawsuit against the at-fault driver. However, uninsured drivers often lack the financial resources to pay a judgment, which can make collecting compensation difficult. A motor vehicle accident attorney can evaluate the uninsured driver’s assets and advise you on the likelihood of recovering damages through litigation.
In some cases, other parties may share liability for the accident. For example, if a defective vehicle part contributed to the crash, the manufacturer might be held responsible. Your attorney can investigate all potential sources of compensation to maximize your recovery.
Contact a New York City Uninsured Motorist Lawyer for Help
It is important to have an experienced attorney on your side when you are involved in any type of motor vehicle accident. Car accidents can lead to high expenses, including the costs of medical treatment for any injuries and the repairs for any vehicle damage resulting from the accident. These costs add up quickly, especially when uninsured drivers are involved. A lack of insurance coverage can result in improper compensation without legal help. At Goldberg Sager & Associates, we work to ensure that you are properly compensated, regardless of the type of insurance held by the other party. If you have been in an accident with an uninsured driver, contact our Brooklyn, NY car accident attorneys at 718-645-6677 for a consultation.
Sources:
https://www.amfam.com/resources/articles/on-the-road/accident-with-uninsured-driver
