What Happens If You’re Hit by an Uninsured Driver in NY?

Getting hit by a driver with no insurance can leave you feeling stuck, wondering how you will pay for the costs piling up after the crash. The good news is that a driver's lack of insurance doesn't automatically mean you cannot be compensated for your injuries, and it doesn't mean you have to cover related costs on your own.  In many cases, other paths exist for recovering the compensation and cost coverage you need. Sitting down with a Long Island car accident lawyer from Friedman & Simon, L.L.P. can help you understand your options and find the right path forward. 

New York Uninsured Motorist Coverage Offers Coverage

Under New York law, all automobile insurance policies must include uninsured motorist coverage. This coverage cannot be waived. In situations where an uninsured motorist injures an individual, this person can receive compensation for their injuries via their own insurance company. This coverage applies to individuals who: 

• Own an automobile and have insurance
• Reside in a home with a relative who owns an automobile and has this coverage

All uninsured motorist policies issued in the state of New York must have provisions that provide at least $25,000 for each person injured and $50,000 for each accident where two or more people suffered injuries. Insurers are also required to offer supplementary uninsured/underinsured motorist (SUM) coverage, which lets policyholders raise their protection up to their own liability limits, subject to a state maximum.  This provides another layer of protection for situations when they are injured in an accident by an unidentified hit-and-run driver or a driver with too little or no liability coverage. Still, the minimum coverage will pay enough for many types of injuries and provides a way for victims of hit-and-run drivers and uninsured motorists to recover compensation.

NY PIP Coverage Matters Here, Too

Before uninsured motorist coverage comes into play, most people injured in a car accident rely first on New York's no-fault system. Under New York Insurance Law §§ 5102 and 5103, every auto policy must provide personal injury protection (PIP) benefits of at least $50,000 per person, covering medical expenses and a portion of lost income regardless of who caused the accident. Because these benefits come from a driver's own policy, they apply even when the other driver has no insurance at all. No-fault benefits are often the first source of recovery after a crash, but they do not cover pain and suffering, and the $50,000 minimum can run out quickly after a serious injury. This is where uninsured motorist coverage becomes important, stepping in to cover losses that no-fault benefits leave behind.

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Notifying the Insurance Company

After an uninsured driver injures you, it is important that your insurance company be notified as soon as practicable of an Uninsured Motorist claim and within 30 days for a No-Fault claim. With respect to an uninsured motorist claim, insurance carriers have time limits for notification, and failing to report the accident within this limit may nullify the claim. We strongly suggest that you allow an experienced car accident lawyer to communicate with your insurance company on your behalf rather than you doing so yourself. Even though it is your own insurance company, the insurer may not operate in good faith. Adjusters work to minimize the money their company has to pay out, so anything you say could be used against your claim later. Injured individuals should consider consulting with an attorney from Friedman & Simon, L.L.P. to review their uninsured motorist coverage as soon as possible. One of our attorneys can also notify the insurance provider and handle further communication, as mentioned above, so your rights, as the injured victim of an uninsured motorist, remain protected.

Legal Options After an Accident With an Uninsured Driver in New York

You can sue an uninsured driver after your collision in New York. However, it may not be in your best interest.

Sometimes, the Police Never Identify the Driver

Unfortunately, in a hit-and-run accident where the at-fault driver leaves the scene without being identified, there is no one to sue. Without knowing who caused the accident, there is no way to move forward with a liability claim or civil suit. Identifying hit-and-run drivers is difficult, but our lawyers have successfully located many.  Friedman & Simon, L.L.P. has handled cases where we obtained a photograph or video of the at-fault vehicle, including the license plate, before the driver fled the scene. We have even had cases where the at-fault vehicle’s license plate became lodged in the bumper of our client’s vehicle or fell to the ground after the impact, and the at-fault driver fled, leaving their license plate behind.  In those cases, we identified the offending vehicle’s owner and insurance carrier, and we could initiate a claim and lawsuit. However, we have also had cases where, even when we identified the at-fault vehicle owner, driver, and insurance carrier, the vehicle was either uninsured or carried inadequate insurance. They could not compensate an injured person for the full extent of their damages, especially for past and future medical bills, lost income and earnings, and pain and suffering.

The Other Party May Not Have Money to Pay You

While the law permits you to sue the negligent, at-fault driver and the vehicle’s owner, it may be impractical and imprudent. If they were driving without the required auto liability insurance coverage, they likely do not have the income or assets to pay thousands of dollars for medical care, lost income, and intangible harm. Ultimately, if an injured party wins a case at trial, they are awarded a judgment. A judgment is basically a right to demand payment from someone.  If that person does not pay voluntarily (as an insurance carrier would) to collect on the judgment, it must be enforced against the defendant’s assets. If the person has no assets, the judgment can very well be a worthless piece of paper. This means you spent considerable time and effort to hold them financially accountable and received nothing in return.

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There Are Some Reasons Why a Lawsuit Could Benefit You

If there are indications the driver has significant assets, it is worth having your attorney look into the possibility of filing a lawsuit. If the at-fault driver was acting in the course of their employment at the time of the accident, you are seeking compensation from only one of several potentially liable parties. Under the legal doctrine of “respondeat superior,” their employer is vicariously liable. The employer's liability insurance coverage is a potential source of recovery. However, the "course of employment" scenario described above is one of many examples of why it is critically important to consider consulting with a Long Island car accident lawyer from Friedman & Simon, L.L.P. Each and every case requires careful review and analysis to make sure every potential source of recovery has been considered.

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Contacting a New York Personal Injury Attorney

If you or a loved one experienced an injury from an accident caused by an uninsured driver, contact one of the Long Island, New York, personal injury attorneys at Friedman & Simon, L.L.P. We invite you to call now for a no-obligation case review. Our team will take the time to understand what happened, explain your options clearly, and help you decide on the strongest path forward.

Call or text (516) 932-0400 or complete a Free Case Evaluation form