If you were recently in a car accident and the other driver was uninsured, you still have options for recouping damages caused by the accident.
A common misconception is that lack of auto insurance from the other driver means you cannot file a claim for compensation, but this is not the truth. There are different legal options for residents in New York who have been in car accidents caused by uninsured drivers.
If this is you, reach out to the law office of Friedman & Simon, L.L.P., at (516) 932-0400 to learn how a Brentwood uninsured car accident lawyer will help with your claim.
About Uninsured Car Accident Claims
When two drivers are involved in a car accident, and the at-fault driver is uninsured, the accident victim or victims, whether that is the other driver or passengers in either car, (assuming a two-car accident,) still have the option to file a claim for compensation for any injuries caused by the accident.
In New York, certain statutes and traffic laws exist which affect these claims. This includes New York’s auto insurance requirements and no-fault insurance law.
For a free legal consultation with a uninsured car accidents lawyer serving Brentwood, call 516-932-0400
All New York Drivers Must Be Insured
The New York State Department of Motor Vehicles (DMV) states that all drivers on the roadway must be insured. New York’s minimum liability coverage requirements for auto insurance include $25,000 for bodily damages for a single person. If a driver is caught without insurance, they could face fines, suspension of license and registration, and other penalties.
Brentwood Uninsured Car Accident Lawyer Near Me 516-932-0400
How Car Accident Claims Work if the Other Driver Is Uninsured
If you have been injured in an accident caused by an uninsured driver, the first option is to file a claim against your auto insurance policy.
All car accident claims are affected by consideration of fault. In states where fault is a factor, accident victims file personal injury claims against drivers who caused their accident and resulting injuries.
The at-fault driver must pay the accident victim for damages if the driver was negligent in the accident and if the negligence led to the victim’s injuries.
However, in “no-fault” states, each driver files a claim with their own insurance policy to cover minor personal injuries and property damage.
New York is a no-fault insurance state. What this means on a practical level is that the first $50,000.00 (or more if you purchased what is called “Additional Personal Injury Protection” or Additional PIP,) of medical expenses of lost earnings resulting from a medically documented disability caused by the accident, will be covered by the insurance company of the “host,” vehicle, meaning the vehicle that injured claimant was driving or a passenger in.
If the injured person has suffered what New York State law considers a Serious Injury, that injured person may bring a lawsuit for damages beyond what No-Fault covers against the at-fault driver and the owner of the vehicle that the at-fault driver was operating. In a case where the at-fault driver was operating a vehicle without insurance, the injured person would make a claim against the SUM coverage of the host vehicle. SUM stands for Supplementary Uninsured Motorist coverage and auto insurance policies issued in New York carry a minimum of $25,000 of this coverage.
A Brentwood uninsured driving accident lawyer will be happy to patiently explain, in greater depth, New York’s no-fault law and SUM coverage provisions and how these affect your claim.
New York’s “No-Fault” Insurance Law
While New York is a no-fault insurance state, this law has several exceptions. When these exceptions are present, either no-fault law or no-fault coverage does not apply. According to the New York State Department of Financial Services (DFS), some of the no-fault law or coverage exceptions include:
- Accident-related expenses that exceed minimum liability coverage: If the costs for your injuries and other related expenses exceed the host vehicle no-fault insurance coverage, you will be able to make a claim against your private health insurance. To be clear, this is not an exception to the no-fault law, rather it is a situation where no-fault benefits are no longer available because they’ve been exhausted, but further accident-related medical bills or related expenses and/or lost earnings apply.
- Accidents involving motorcycles: Motorcycle drivers involved in car accidents will be able to file a claim against the other driver from the “first dollar.” That is, they do not have to wait to exceed their own insurance coverage. However, motorcyclists do not qualify for no-fault coverage. For this reason, in addition to any others, it is best if motorcyclists have good health insurance coverage.
- Serious injuries: Accident victims who experience serious injuries have the option to file a personal injury claim against the liable party. The state of New York outlines what injuries are considered serious. A lawyer will help you understand whether your injury qualifies for this exception.
Many factors are at play in uninsured car accident claims. This process could feel overwhelming to you, especially while you are coping with the aftermath of any injury.
Contact Friedman & Simon, L.L.P., at (516) 932-0400 to learn how an uninsured accident lawyer will file a claim on your behalf to pursue compensation for your injuries. We will relieve you of the stress of having adversarial communications with representatives of your insurance company. The company that sounded amazing when they sold you the coverage will try to pay you nothing or as little as they possibly can, once a claim is made against them in a SUM uninsured motorist claim. Like “a wolf in sheep’s clothing,” they may sound sweet, caring, friendly, and reasonable, but it would be wise not to speak with them at all after the accident and to allow your Brentwood uninsured accident lawyer to communicate with them.
Notice of SUM claim is to be provided, “as soon as practicable,” so it is best not to delay and to contact our office as soon as possible after the accident so we can review your circumstances, offer you guidance and attend to the giving of notice if you wish to proceed. Another way we wish to relieve you of stress and try to help you have as much peace of mind as possible is by appropriately and timely attending to all deadlines. We want to create the space for you to attend medical treatment and fully heal from your injuries while we address the details of the claim.
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What a Brentwood Uninsured Car Accident Lawyer Will Do for You
Uninsured car accident claims are not always straightforward since there are so many factors involved. Trying to navigate an uninsured car accident claim on your own can be quite an undertaking.
That is why the law office of Friedman & Simon, L.L.P., exists – to help people like you find compensation for injuries after car accidents and other incidents. We offer targeted assistance for each of our clients when filing a claim on their behalf, including the following.
Keeping You Up to Date on Your Claim
Recovery after a car accident is sometimes a lengthy and hard process. Let us handle the legal aspects of your claim. We will work to ensure you stay updated on a regular basis.
Establishing Who Is Liable
Even though New York is a no-fault state, exceptions do apply, as discussed above,. If you experienced serious injuries and the other driver was negligent, we will hold them liable for your injuries. Our lawyers will help you understand if you are in a position to file a claim against the other driver.
Acting as Your Claim Communicator
Personal injury claims involve many interactions between your lawyer, the defendant’s lawyers, insurance companies, and more. A lawyer from our office will handle these communications in a most professional manner.
Collecting Documentation and Other Details to Build Your Claim
Our lawyers understand how evidence plays a role in your claim. They will gather all the relevant and necessary documentation and other forms of evidence in order to build the strongest possible claim on your behalf.
Helping You Understand Your Claim’s Potential Value
When you reach out for your free case evaluation, we will provide you with an estimate for the potential value of your claim based on:
- The accident details
- How the accident and resulting injuries have affected you
- Costs you incurred due to the accident
Reach Out to Friedman & Simon, L.L.P. for Your Free Consultation Today
If you or a loved one were in an accident that left you injured and the other person did not have insurance, you still have options for recourse.
Contact Friedman & Simon, L.L.P., at (516) 932-0400 to learn how a Brentwood uninsured car accident lawyer will offer helpful guidance for your claim.