What Happens When The At-Fault Party Doesn’t Have Car Insurance?

If you have been involved in an accident with an uninsured motorist, your best option for recovering losses is through your own insurance policy.

If you have been involved in an accident where the at-fault party does not have car insurance, your best option to recover compensation for your injuries may be through your own insurance company. There are, however, a few options for recovering damages in your case. They include:

  • Filing a claim with your own personal injury protection insurance provider
  • Filing an uninsured motorist claim
  • Filing a personal injury lawsuit against the uninsured driver
  • Filing a claim for personal injury protection and/or personal injury through V.A.I.C.

For a free legal consultation, call 631-239-3965

Filing a Personal Injury Lawsuit in New York

Every driver in the state of New York is required to have a personal injury protection policy. This type of coverage generally works well until your injuries exceed the limits of the policy. In order to pursue compensation beyond your own policy, you must first meet a serious injury threshold. Serious injuries include but are not limited to:

  • A fracture
  • Permanent loss or significant limitation of use of a body function or system
  • A medically determined injury or impairment that prevents the person from performing normal activities for 90 days

After reviewing your case, we will determine if a lawsuit against the at-fault party is a good option for you.

Recovering Compensation Through Liability Coverage

Every vehicle registered in New York must carry liability coverage of $25,000 per person and $50,000 per accident. However, just because there is insurance coverage does not mean the insurance company will payout on your claim. Their goal is to pay out as little as possible after accidents, so they may try to shift the blame onto you to reduce the amount it has to pay.

A personal injury lawyer can help by gathering evidence and building a strong case to support your claim and encourage the insurance company to make a fair settlement offer. We collect medical records, physician statements regarding your future care and treatments, and records showing the amount of time you have missed work because of your injuries.

Understanding Uninsured Motorist Coverage

Uninsured motorist (UM) coverage is mandatory. It provides compensation for bodily injuries to you, your family, or other vehicle occupants who suffer after being involved in an accident with an insured motorist in the state of New York. UM coverage may be available if you or a family member you live with has an insured vehicle.  Also, it may be available if you were in an insured vehicle at the time of the accident.

UM coverage kicks in when the damages suffered exceed the limits of the available insurance coverage of the at-fault driver. In many cases, New Yorkers carry only the minimum amount of liability coverage, $25,000. An evaluation of your insurance coverage by one of our attorneys is necessary to determine if you have additional coverage which can compensate you for the injuries sustained.

We understand that insurance cases can be complex and confusing, especially when the at-fault party does not have car insurance. Our team can examine your insurance policies and explain what your options are for recovering compensation through your UM coverage. We can also explore whether a personal injury lawsuit is a viable option for recovering damages in your case. Contact us today at (631) 994-1910 for a free, no-risk evaluation of your case.

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– Craig S., Car Accident Client

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