have you been involved in a car accident in new york with an uninsured or underinsured driver? mirman, markovits & landau, pc can help him fight for the compensation he needs and deserves. Call our New York car accident lawyers to make an appointment to discuss your rights and options. Your initial case evaluation is always free, so don’t hesitate to contact us for help today.
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You’ll still need to file a claim with your insurance company first
If you’re in an accident in New York City, you really don’t have to worry about whether the other parties involved were insured. at least not right away. That’s because New York has “no-fault” insurance rules. You will first be required to recover benefits from your own personal auto insurance policy, regardless of who caused your accident.
First, you’ll need to notify your insurance provider that you were involved in an accident. You will then follow the steps to file a claim for benefits under your policy. You will need to submit a demand letter requesting compensation that is supported by evidence to support your request. This could include, but is not limited to, medical bills, an estimate to repair your car, and an assessment of your lost wages.
Your insurance provider may pay up to the limits of your specific policy. therefore, you can potentially recover up to your policy limits. if you purchased the minimum amount of coverage required by state law, you would personally be limited to recovering:
- $50,000 property damage
- $25,000 bodily injury if one person was involved, and
- $50,000 per death.
- the policyholder
- the driver, and
- vehicle occupants.
Car accidents can be quite serious and leave victims with extensive injuries. the cost of your injuries may well exceed what your insurance company can and will pay. If you find yourself in this situation, you will need to consider other options to recover additional compensation.
your insurance payment could be higher if you have uim
When you buy an auto insurance policy, the provider is legally required to offer you something called “uninsured motorist coverage.” also known as um or uim. this is an optional coverage that helps you if you are involved in an accident with someone who is underinsured or uninsured.
Underinsured means a driver has insurance, but not enough to meet state minimums.
Uninsured means a driver has no insurance coverage at all.
Your uninsured motorist policy may cover costs related to accidents incurred by:
uim coverage is activated once you have reached the maximum benefits of your main policy. You may then receive additional compensation from your insurance provider, up to the limits of your UIM policy.
Please note that you can only recover UIM benefits if you purchased this type of coverage before you were involved in your accident. If you do not have this supplemental insurance coverage, you may need to seek compensation from another insurance company or interested party.
consider that there may be more than one responsible party
Accidents are rarely black and white. Several factors could ultimately contribute to a collision and, in turn, your injuries. Under New York State law, the blame for an accident is apportioned among all responsible parties. In other words, anyone who contributes to an accident may be financially responsible for the resulting damages.
That’s why it’s critical to make sure your accident is thoroughly investigated. in mirman, markovits & landau, p.c., we work hard to uncover all possible causes of your accident. When we understand why a crash occurred, we can use that information to establish who is at fault.
If someone other than the uninsured driver shares any degree of responsibility, you can be sure that mirman, markovits & landau, pc will work hard to hold them accountable.
comparative negligence and distribution of responsibility
When someone contributes to an accident, they are assigned some of the blame. the greater their role in causing the accident, the more blame is assigned to them. therefore, your ability to recover compensation from parties other than the uninsured will often depend on how much of the fault is assigned to them.
For example, suppose you are hit by an uninsured driver at an intersection in Manhattan. the other driver was texting and not paying attention at the time of the accident. they tried to slam on the brakes but were unable to stop your car before they hit you. An investigation reveals that the brakes on the driver’s car were not working properly due to a manufacturing defect. this defect contributed to the crash, so you can potentially hold the manufacturer liable.
The manufacturer is assigned 20 percent of the fault for the accident. as a result, the manufacturer may be liable for up to 20 percent of the damages related to the accident. while this may be a fraction of your costs, it can make a big difference when the person responsible for 80 percent of your injuries can’t pay.
Consider a personal injury civil lawsuit after your New York car accident
let’s say there are no other responsible parties. the underinsured or uninsured driver is fully responsible for his injuries. He has maxed out the benefits available on his auto insurance policy, but still has additional costs.
what can you do? one option is to hold the uninsured driver personally liable for the remaining damages. You can file a civil personal injury lawsuit and name them as the defendant. ask a court to order that person to pay you out of pocket.
This may or may not be a successful tactic. New York State law requires all motorists to purchase auto insurance because the costs of an accident can be high. many times, these costs are more than an individual can cover on their own. When a driver doesn’t buy insurance, it could be due to the fact that he can’t afford it. If they can’t afford car insurance, they probably won’t be able to satisfy a judgment if you win a lawsuit against them.
This is another reason why it is so important to exhaust all possible sources of compensation after an accident. mirman, markovits & landau, pc can help make sure this happens. just call our law office to schedule a consultation with our new york personal injury attorneys to learn more.
how many drivers in new york do not have insurance?
new york drivers are pretty good at buying car insurance. In fact, only one state in the nation, Maine, has fewer uninsured drivers on the road than New York. In 2015, it was estimated that 6.1% of New York drivers did not have mandatory coverage.
It’s harder to tell how many drivers are underinsured. In New York, a motorist has to show proof of insurance when registering a motor vehicle. therefore, most cars on the road have the necessary coverage. The state will not register a car if a driver purchases a policy that does not meet the state minimum.
In reality, you will most likely encounter an uninsured driver when the car is not registered with the state.
what should i do after an accident with an uninsured driver in new york?
Try not to panic. Keep in mind that the decisions you make in the moments after your car accident can have a huge impact on your future.
Stopping and Remaining at the Scene: It is a crime to leave the scene of an accident in New York if someone is injured or killed, or if there is substantial property damage. stay and exchange information with other drivers while waiting for the police. If the uninsured driver doesn’t stay, try to remember the make and model of their car, as well as the license plate. In a hit-and-run scenario, you can potentially get compensation if you have uim coverage.
report the accident: call the police and report the accident. if the other driver is uninsured or underinsured, he will likely get a ticket when the police arrive on the scene. Officers will also complete a police report, which can be critical if you need to file an injury claim or lawsuit in the future.
Get Medical Help – Insurance companies will fight you as you seek benefits for your injuries. The best thing you can do is make sure you have proof to support your claims. Medical records can be really helpful as you navigate the claims process.
Document your injury and the accident: Try to write down the names of witnesses and record your memory of the events. take photos of anything that seems relevant, including the scene, vehicles involved, property damage, and your injuries.
direct questions to your lawyer: Insurers will try to get you to accept a settlement for the least amount of money possible. they will employ many different tricks to make that happen. When you have a New York personal injury attorney handling your case, this becomes much more difficult. simply direct all communications to your new york personal injury attorney.
do you need help? call our new york car accident attorneys
Just because another driver doesn’t have insurance doesn’t mean you can’t get money after an accident in New York City. call mirman, markovits & landau, pc to schedule a free consultation to learn what options may be available to you. we are always available to take your call – 24/7/365.