If you were involved in a car accident without insurance in New York, you have legal options when it comes to recovering your damages. We may be able to file a claim through your own auto insurance.
Per the New York State Department of Financial Services (DFS), you are required to carry uninsured motorist protection coverage, along with other policies. This allows you to make a claim against your own policy if you were injured in a collision and the responsible party had no coverage. If you don’t have your own auto policy, you are not without options. New York State’s Motor Vehicle Accident Indemnification Corporation “MVAIC” provides basic coverage for people injured by a vehicle without coverage.
Additionally, New York requires vehicles to have No-Fault coverage. No-Fault covers medical expenses, some wages, and other expenses. In a collision, you would file a claim with your own insurer regardless of who was at fault.
If you were a pedestrian struck by a vehicle without coverage, MVAIC will provide No-Fault benefits. Availability of No-Fault does not bar you from filing a lawsuit to recover additional damages for pain and suffering, or expenses not covered by No-Fault if your situation necessitates it. You have the opportunity to partner with our firm if you experience problems getting the compensation you need.
Tips If You Were Struck by an Uninsured or Underinsured Driver
Our team knows that in the aftermath of an uninsured motorist collision, understanding your options can get confusing. To navigate this confusing time, here are some measures that could benefit you:
Check Your Own Insurance Coverage
You may have uninsured motorist (UM) coverage on your own car insurance policy. This is coverage meant to protect you and your loved ones in exactly this situation, and it comes standard on New York car insurance policies.
However, your insurance company may try to pay you less than the amount you are owed, or they could deny your claim altogether.
With our personal injury team on your side, we can communicate with the insurer and negotiate a settlement that meets your needs. We will not allow an uncooperative insurer to delay your case’s progression or success. If we are unable to negotiate a fair settlement, we will take your case to arbitration against the insurance carrier.
Look Outside of the Box
Our investigation of your car crash may show that more than one party was at fault for your losses. For example, if the crash was caused by a faulty or malfunctioning auto part, then you could sue the car designer or manufacturer through a product liability case.
In another situation, if the collision occurred because of inadequate road maintenance, then you may be able to sue a government department. The rules for pursuing compensation from the government are a bit different than those that apply to private individuals, but a personal injury lawyer from our team can rise to the challenge.
Consult with Our Personal Injury Team
Even if you believe you may be partially at fault, or you think you do not have enough UM coverage, you may still be able to recover the money you need for your medical bills, lost wages, and pain and suffering.
Our personal injury team has been serving people since 1983. We are no stranger to the claims or litigation process. By connecting with us, you can explore your legal options at no cost.
You Could Pursue Damages Through a Lawsuit
If you want to pursue compensation through a lawsuit, your time is limited. According to CVP §214, the statute of limitations for filing a personal injury lawsuit after a car crash is generally three years. In wrongful death cases, it is usually two years from the date of your loved one’s passing, per EPT §5-4.1.
However, these are not hard and fast rules. There are exceptions that may lengthen or shorten your timeline for pursuing damages. For example, if you were a minor when you were injured, you may have an extended time.
On the other hand, if you are suing the government, one of its agencies, or one of its employees, then you may have significantly less time to file a notice of claim. MVAIC’s rules set forth additional time frames in order to pursue a claim with them. The accident must have been reported to the police within 24 hours, and you have as little as 90 days to serve MVAIC with notice of your claim.
The clock is ticking, so the sooner you connect with our firm, the sooner you can understand your options.
What Damages Can You Pursue Following a Collision in New York?
Your insurance coverage is intended to cover your medical bills and a portion of your lost wages––although it may cover even less, depending on what type of policy you purchased. Filing an insurance claim usually does not recover damages for expenses like pain and suffering, disability, and disfigurement.
To seek the full gamut of your losses, you could file a lawsuit in civil court. Here, there is virtually no limit to what you can seek.
Connect with Our Firm Today to Start Your Free Case Review
At Rosenberg & Gluck, L.L.P., we serve the wrongfully injured of New York, helping to recover the compensation they need and deserve after they are needlessly hurt. We have recovered hundreds of millions of dollars on behalf of people just like you, and now we are ready to be your advocates. Together, we can hold the negligent parties accountable for your medical bills, lost wages, and pain and suffering.
We can assist our clients in English and Spanish. To receive a free consultation and to learn more about your options after a car accident without insurance in New York, call Rosenberg & Gluck, L.L.P. today.