If You’re In A Long Island Car Accident With No Insurance But Not At Fault

If you are an uninsured driver and were injured in a Long Island car accident, you can only pursue compensation from the other driver directly for serious injuries. You could also face penalties, such as fines and license revocation, for driving without insurance.

A car accident attorney from our firm can help you navigate the legal process and pursue compensation for your medical bills, lost wages, and other damages on your behalf.

What are Your Options for Receiving Damages After a Crash?

Typically after a car crash, you file a claim with your own auto insurance for no-fault benefits and, if the other driver is at fault, your insurance company can then go after their insurance for reimbursement. If the other driver is uninsured, you can seek compensation through your own insurance company using your uninsured motorist coverage. But, unfortunately, if you are an uninsured driver, you can’t recover compensation by filing a car accident claim or going after the other party’s insurance.

That doesn’t mean you have no options to receive help in paying for damages like medical bills, lost wages, and other losses. Instead, your options are more limited. Most likely, you have grounds for pursuing the at-fault driver for your crash if you sustained serious injuries that exceed the no-fault threshold.

New York ISC § 5102(3)(d) specifically defines what qualifies as a serious injury, including:

• Dismemberment
• Significant disfigurement
• Fracture
• Loss of fetus
• Loss of organ
• Loss of body member
• Loss of function or body system
• Limitation of an organ or member
• Limitation of body function or system
• Injury that interferes with daily life for more than 90 days
• Death

If what you suffered in your crash fits one of thesethis criteriaon, you could pursue a claim against  the driver and their insurance to cover your damages. In some cases, serious injuries can be grounds for additional compensation, such as pain and suffering, emotional distress, and loss of consortium.

Other Avenues

Other circumstances may allow you to pursue compensation from the at-fault party, such as if any of the following were responsible for your crash:

• A third party
• A commercial vehicle
• A city, county, or state government

For example, if you were struck by a car that sustained a tire blowout caused by a design flaw, you could pursue the tire designer or manufacturer for damages—their error caused your injuries, making them liable. This situation makes your claim a product liability case, separate from the laws surrounding auto insurance.

Additionally, some commercial vehicle companies, like the ones that own large trucks, can provide an avenue for damages if you have serious injuries. If you were injured due to the lack of proper maintenance by a city, county, or state, such as inadequate signage or road damage, you could pursue them for compensation related to your injuries. However, many governments have laws protecting them from being sued.

What are the Penalties for Driving Without Insurance?

Getting in a motor vehicle collision without insurance can cost you more than your chance to pursue damages. Even if you were not at fault for the crash, you can still be held responsible for not having insurance.

The New York Department of Motor Vehicles (NYDMV) highlights the consequences you could face for not having insurance, including:

• One-year revocation of driver’s license
• One-year revocation of vehicle registration
• Fines as high as $1,500
• $750 penalty to restore your license
• Arrest and up to 15 days in jail
• Having your vehicle impounded

Even just allowing your insurance coverage to lapse could result in these same consequences. That being said, these legal consequences are separate from any civil case you may pursue. For instance, if your injuries were caused by faulty auto parts, your ability to pursue damages from the auto manufacturer remains intact regardless of whether you face legal trouble for not having insurance.

Always Report a Crash to the Police

We know it can be frightening to experience a crash and not have insurance to cover it, especially because you can face consequences for breaking the law. However, do not let that fear prevent you from reporting your crash. This inaction would break another law.

You are required to report a crash within 10 days if someone was killed, injured, or the collision caused more than $1,000 in damage, according to New York VAT § 605.