In New York, if the at-fault driver in a car accident doesn’t have car insurance, you can still receive compensation from your own insurance provider under the no-fault law. You may be able to recover further compensation through a lawsuit against the at-fault driver or another party, as well.
New York Is a No-Fault State
In New York, there is a no-fault insurance rule, where a driver involved in a car accident uses his or her own automobile insurance for coverage, regardless of fault. Under this law, up to $50,000 in personal injury protection (PIP) is available to pay for medical bills and lost wages without having to rely on another driver’s insurance.
The no-fault law means you have coverage available on your own insurance policy, even if the driver who caused your accident does not. You must notify your auto insurance provider as soon as possible, but at least within 30 days of the accident under Regulation 68, to receive no-fault insurance benefits.
Uninsured Motorist Insurance
In addition to your PIP insurance, uninsured motorist (UM) coverage is required on every policy in New York. This provides you with up to $25,000 per person and $50,000 per accident in bodily injury coverage when the other driver does not have insurance. This insurance is designed to protect you if the at-fault driver is uninsured, and after a hit-and-run accident.
Comprehensive/Collision Coverage
PIP and UM insurance do not cover property damage. If you wish for coverage to pay for your motor vehicle repairs when the at-fault driver is uninsured or underinsured, you need collision or comprehensive insurance. These types of coverage are optional, but will pay to repair or replace your car once you pay your deductible.
Personal Injury Lawsuit
If the automobile accident caused serious injuries, you may have the right to sue the at-fault driver outside of the no-fault system. New York Insurance Law defines “serious injury” as a personal injury causing death, dismemberment, significant disfigurement, a fracture, loss of a fetus, or permanent loss of use or significant limitation of use of a body organ, member, function or system.
If your injuries qualify, you can bring a lawsuit directly against the at-fault driver to seek compensation outside of the insurance system. However, a driver who does not have car insurance may not have the assets to pay for a settlement or judgment award. Instead, you may need to look to a third party for coverage, if available.
A third party may be held liable for your car accident if they contributed to the crash in some way, such as the manufacturer of a defective car part or the City of New York for a defective roadway. A thorough investigation of your car accident can determine whether one or more third parties may be held liable in the absence of insurance coverage from the at-fault driver.
How a Car Accident Lawyer Can Help With an Uninsured Driver Accident
If you are injured in a car accident and discover that the at-fault driver is uninsured, call the police to report the collision and the uninsured motorist right away. Get medical attention for your injuries without delay. Remain at the scene to gather evidence. Then, when you’re ready to take on the insurance process, start by contacting a knowledgeable car accident attorney.
The Forest Hills injury lawyers at Abaev Law Firm, PLLC offer free consultations, where you can explore your rights with help from an attorney at no cost. A lawyer can search for all avenues for financial recovery on your behalf after an uninsured motorist accident, from within your own insurance company as well as lawsuits against other parties. A lawyer will stand by your side to help you seek maximum compensation.