What Happens If the Driver Who Hit You Has No Insurance in New York?

What Happens If the Driver Who Hit You Has No Insurance in New York?

Getting hurt in a car accident is stressful enough. Finding out that the driver who caused the crash has no auto insurance can make the situation even more frustrating.

But an uninsured driver does not necessarily mean you have no options.

New York has insurance protections specifically designed for situations involving uninsured motorists. Depending on the circumstances of the accident and the insurance policies involved, you may still have options for recovering compensation for your injuries and other losses.

At Gelbstein & Associates, we help accident victims throughout New York understand their rights after serious motor vehicle accidents, including crashes involving uninsured and hit-and-run drivers.

New York Requires Drivers to Carry Auto Insurance
Vehicles registered in New York State are generally required to maintain liability insurance. Despite that requirement, accidents involving uninsured vehicles still happen.
A driver may have allowed a policy to lapse, may be operating a vehicle without proper coverage, or may leave the scene of an accident before insurance information can be obtained.
Whatever the reason, discovering that the driver who hit you is uninsured changes how your claim may be handled—but it does not automatically eliminate your ability to pursue compensation.

New York Requires Uninsured Motorist Coverage
One important protection for New York drivers is Uninsured Motorist (UM) coverage.
New York requires auto insurance policies to include uninsured motorist bodily injury protection for accidents occurring in New York State. This coverage is intended to protect eligible insured individuals when injuries are caused by an uninsured vehicle or a hit-and-run driver.
In other words, when the at-fault driver doesn’t have insurance, you may be able to turn to applicable uninsured motorist coverage instead.

Your Own Insurance Company May Cover Your Injuries
Many people assume that their own insurance company has nothing to do with an accident caused by someone else.
That isn’t always the case.
If you are injured because of the negligence of an uninsured driver, you may be able to make an uninsured motorist claim through an applicable auto insurance policy.
Depending on the circumstances, coverage may extend beyond the policyholder and may include certain family members living in the household and occupants of the insured vehicle.
That is one reason it is important to review all potentially applicable insurance policies after a serious New York car accident rather than assuming there is no available coverage.

What About No-Fault Insurance?
New York is also a No-Fault insurance state.
Basic No-Fault coverage, also known as Personal Injury Protection or PIP, generally provides up to $50,000 per person for covered economic losses, which can include medical expenses, lost earnings and certain other necessary expenses, regardless of who caused the accident.
This means that the other driver’s lack of insurance does not necessarily prevent an injured person from receiving No-Fault benefits.
There are important deadlines, however. New York’s Department of Financial Services states that written notice of a No-Fault claim generally must be provided within 30 days of the accident, unless there is a clear and reasonable justification for the delay.

What If You Have Supplementary Uninsured/Underinsured Motorist Coverage?
Your policy may also contain Supplementary Uninsured/Underinsured Motorist (SUM) coverage.
SUM coverage can provide additional protection in certain accidents involving drivers who have no insurance or whose bodily injury liability coverage is insufficient.
The amount of SUM coverage available depends on the specific policy. After a serious accident, reviewing the declarations page and applicable endorsements can be an important part of determining what insurance coverage may be available.

What If You Don’t Own a Car?
Even if you don’t own a vehicle or have your own auto insurance policy, you should not automatically assume that you have no coverage
Depending on the circumstances, coverage may potentially be available through an automobile policy belonging to a qualifying relative in your household.
When no applicable automobile insurance policy exists, an injured person may potentially qualify for benefits through the Motor Vehicle Accident Indemnification Corporation (MVAIC).
MVAIC exists to provide certain benefits to eligible people injured in accidents involving uninsured vehicles and hit-and-run drivers when other applicable automobile insurance coverage is unavailable.
Strict eligibility requirements and deadlines can apply, making it important to investigate these situations promptly.

What If the Driver Fled the Scene?
Hit-and-run accidents create many of the same concerns as accidents involving known uninsured drivers.
If a driver hits you and leaves before you can identify them or obtain insurance information, uninsured motorist coverage may potentially apply.
After a hit-and-run accident in Brooklyn, New York City or elsewhere in New York, it can be particularly important to document what happened as quickly as possible.
Evidence may include:
• Police reports
• Photographs and video
• Witness statements
• Surveillance footage
• Dashcam recordings
• Vehicle damage
• Medical records
• Nearby business or building security-camera footage
The fact that the other driver disappeared does not necessarily mean your ability to pursue a claim disappeared with them.

Can You Sue an Uninsured Driver Personally?
Depending on the circumstances, an injured person may be able to pursue a claim directly against a negligent uninsured driver.
However, obtaining a judgment and actually collecting compensation are two different issues. An uninsured individual may not have sufficient assets to satisfy a substantial judgment.
That is why identifying every potentially available source of insurance coverage can be so important in an uninsured-driver accident.

What About Damage to Your Car?
It is important to distinguish bodily injury protection from property damage coverage.
New York’s mandatory uninsured motorist coverage applies to bodily injuries, not damage to your vehicle or other property.
Whether your own insurer will pay for damage to your vehicle may depend on whether you purchased collision or other applicable coverage.

What Should You Do After Being Hit by an Uninsured Driver?
If you discover that the person who hit you does not have insurance, don’t assume there is nothing you can do.
Report the accident, obtain medical attention when necessary, preserve available evidence, notify the appropriate insurance company promptly, and keep records of your medical treatment, expenses and missed work.
Most importantly, determine what insurance coverage may actually be available before accepting that there is no source of recovery.
Uninsured motorist claims can involve questions about which policy applies, who qualifies as an insured person, coverage limits, notice requirements and the extent of the injuries.

Injured by an Uninsured Driver in New York? Gelbstein & Associates Can Help
If you were injured by an uninsured or hit-and-run driver in Brooklyn, New York City or elsewhere in New York, you may have more options than you realize.
Gelbstein & Associates represents individuals and families injured in motor vehicle accidents and other serious personal injury matters. Our team can investigate the accident, review potentially applicable insurance coverage and help determine what avenues for compensation may be available based on the facts of your case.
Don’t assume that no insurance means no case.

Contact Gelbstein & Associates today.
855-LAW-24-07
gelbstein.com

This article is provided for general informational purposes only and does not constitute legal advice. Every case is different, and available insurance coverage and legal rights depend on the specific facts and circumstances.