What Happens If the Other Driver Doesn’t Have Insurance in New York?

What Happens If the Other Driver Doesn’t Have Insurance in New York?

What Happens If the Other Driver Doesn’t Have Insurance in New York?
You’re involved in a car accident in New York. The other driver caused the crash, you’re injured, and then you discover something alarming:
The other driver doesn’t have insurance.
What happens now? Who pays your medical bills? Can you still recover compensation for your injuries?
Yes, you may still have options.
If you were injured in a car accident involving an uninsured or underinsured driver in Brooklyn, New York City, or elsewhere in New York, the personal injury attorneys at Gelbstein & Associates can investigate every potential source of insurance coverage and compensation.
Call Gelbstein & Associates at 855-LAW-24-07 to discuss your accident and your legal options.
Can You Still Get Compensation If the Other Driver Has No Insurance?
Potentially, yes.
The fact that the at-fault driver does not have insurance does not automatically mean that an injured accident victim cannot recover compensation.
New York has insurance protections that may apply when an at-fault driver is uninsured. Depending on the circumstances of the accident and the insurance policies involved, compensation may potentially be available through your own automobile insurance coverage or another applicable policy.
This is one reason you should not assume that you have no personal injury case simply because the other driver was uninsured.
How Does Uninsured Motorist Coverage Work in New York?
New York automobile insurance policies generally include uninsured motorist (UM) coverage for bodily injuries caused by an uninsured motorist, subject to the terms and limits of the policy and applicable law.
Uninsured motorist coverage can become particularly important when the driver who caused an accident:
• Has no automobile liability insurance
• Was driving an uninsured vehicle
• Is involved in certain hit-and-run accidents
• Has insurance that does not provide applicable coverage for the accident
Every accident is different, which is why the applicable insurance policies should be carefully reviewed.
An experienced New York personal injury attorney can investigate the accident, identify available insurance coverage, and determine which claims may be available.
What If the Other Driver Has Insurance, but It Isn’t Enough?
This is another common problem.
A driver may technically be insured but have policy limits that are insufficient to compensate someone who has suffered serious injuries.
Depending on your insurance policy, Supplementary Uninsured/Underinsured Motorist (SUM) coverage may provide additional protection when the at-fault driver’s available insurance is insufficient.
These claims can involve complicated coverage and policy issues. Before accepting a settlement from an insurance company, it is important to understand whether doing so could affect your ability to pursue additional compensation.
Who Pays Medical Bills If an Uninsured Driver Hits You in New York?
Because New York has a no-fault automobile insurance system, certain accident-related economic losses may be covered regardless of who caused the collision.
Depending on the circumstances and applicable coverage, no-fault benefits may help pay for qualifying expenses such as:
• Medical treatment
• Hospital expenses
• Rehabilitation
• A portion of lost earnings
• Certain other reasonable and necessary accident-related expenses
No-fault benefits, however, are different from a personal injury claim seeking compensation for the broader consequences of a serious injury.
If you have been seriously injured, an attorney can evaluate whether you may have additional claims for compensation.
Can You Sue an Uninsured Driver in New York?
Depending on the circumstances, an injured person may be able to pursue a claim directly against an at-fault uninsured driver.
However, winning a case and collecting compensation are not necessarily the same thing. A driver without insurance may also have limited assets from which a judgment can be collected.
That does not mean the investigation should end there.
At Gelbstein & Associates, an uninsured-driver accident should prompt a broader investigation into every potentially responsible party and available source of coverage.
Questions may include:
• Who owned the vehicle?
• Was the driver working at the time of the collision?
• Was the driver operating the vehicle for a business?
• Could an employer or another party share responsibility?
• Is another insurance policy applicable?
• Does the injured person’s own policy provide UM or SUM coverage?
• Were additional vehicles or parties involved in causing the accident?
“The other driver has no insurance” should never automatically be interpreted as “there is no case.”
What If You Were Injured in a Hit-and-Run Accident?
Hit-and-run accidents present another difficult situation because the injured person may not know the identity of the driver, much less whether that driver was insured.
There may still be potential avenues for compensation depending on the circumstances and available insurance coverage.
These cases can have important reporting, notice, documentation, and filing requirements. Acting quickly can therefore be extremely important.
If you were injured in a hit-and-run accident in Brooklyn or elsewhere in New York, contact Gelbstein & Associates at 855-LAW-24-07 to discuss the circumstances of the accident.
What Should You Do After an Accident With an Uninsured Driver?
If you discover or suspect that the other driver does not have insurance, there are several steps that can help protect your rights:
1. Call the police and report the accident.
2. Seek medical attention for your injuries.
3. Photograph the vehicles, accident scene, license plates, and visible injuries when possible.
4. Obtain the driver’s information and information for the vehicle involved.
5. Get contact information from witnesses.
6. Notify the appropriate insurance carrier promptly.
7. Keep medical records, bills, receipts, and other accident-related documentation.
8. Speak with an experienced New York personal injury lawyer before assuming there is no available compensation.
Insurance claims can involve strict deadlines and notice requirements. Waiting too long may jeopardize important rights.
Do You Need a Lawyer for an Uninsured Motorist Accident in New York?
You are not automatically required to hire an attorney simply because the other driver is uninsured.
However, uninsured and underinsured motorist accidents can become complicated quickly.
The claim may involve your own insurance company, multiple policies, questions concerning vehicle ownership, disputes over fault, policy limits, medical evidence, and the severity and value of your injuries.
Even when dealing with your own insurer, you should not assume that the insurance company’s evaluation of your claim will necessarily match yours.
A New York personal injury lawyer can investigate the collision, review applicable policies, gather evidence, identify potentially responsible parties, and pursue available compensation.
Frequently Asked Questions About Uninsured Driver Accidents in New York
What happens if someone hits me and they don’t have insurance in New York?
You may still have options for recovering compensation. Depending on the circumstances, uninsured motorist coverage, no-fault benefits, another applicable insurance policy, or claims against responsible parties may be available.
Will my insurance cover me if the other driver is uninsured?
New York automobile policies generally include uninsured motorist protection for bodily injury, although the coverage available depends on the policy and circumstances of the accident.
What if the driver who hit me doesn’t have enough insurance?
If the at-fault driver’s liability coverage is insufficient, Supplementary Uninsured/Underinsured Motorist coverage may apply if it is available under the applicable policy and its requirements are satisfied.
Can I sue someone who doesn’t have car insurance?
Potentially. However, whether pursuing the uninsured driver personally is practical depends partly on whether that individual has assets or other resources from which compensation can be recovered. Other responsible parties and insurance policies should also be investigated.
Can I recover compensation after a hit-and-run accident in New York?
Potentially. Uninsured motorist protection may apply in certain hit-and-run situations. These cases can involve specific reporting and notice requirements, so it is important to act promptly.
How long should I wait before contacting a personal injury lawyer?
If you have been injured, it is generally better to seek legal advice promptly. Evidence can disappear, memories can fade, and insurance and legal deadlines may apply.
Brooklyn Personal Injury Lawyers for Uninsured Driver Accidents
If you were injured because of another driver’s negligence, discovering that the driver has no insurance can be frustrating and frightening.
Don’t assume that means you have no case.
Gelbstein & Associates is a personal injury law firm representing accident victims in Brooklyn, New York City, and throughout New York. The firm aggressively investigates personal injury claims to identify responsible parties, available insurance coverage, and potential sources of compensation.
If you or a family member has been injured in a car accident involving an uninsured or underinsured driver, speak with Gelbstein & Associates about your legal options.
Call Gelbstein & Associates: 855-LAW-24-07