Finding out that the other driver involved in your accident is uninsured can be incredibly frustrating. You may worry about how you will afford medical expenses and vehicle repairs.
Thankfully, you still may have a few options for seeking reimbursement through an insurance claim. A New York car accident lawyer can help you understand your eligibility for an insurance claim and other compensation methods, such as a lawsuit.
If you need legal guidance after a serious accident, speak with a car accident lawyer on Long Island.
Understanding New York’s Auto Insurance Laws and Requirements
New York requires all motorists to carry several types of insurance. To begin, drivers must have auto liability coverage before they can register a vehicle in the state. This would help pay for the other driver’s damages and injuries caused by the policyholder in an accident.
The minimum liability coverage amounts are:
- $10,000 for property damage per accident
- $25,000 for bodily injury and $50,000 for death per person
- $50,000 for bodily injury and $100,000 for death per accident
Motorists are also required to carry personal injury protection (PIP) insurance with a minimum coverage of $50,000 per person. This would cover the policyholder’s own injuries in an accident and the injuries of their passengers.
Finally, New York law requires all drivers to carry uninsured motorist (UM) bodily coverage of at least $25,000 per person and $50,000 per accident.
According to the Insurance Information Institute, as many as one out of every seven drivers nationwide was uninsured in 2023, or approximately 15.4% of motorists. This figure had been steadily increasing since 2017, when the percentage of uninsured drivers was 12.4%.
Fortunately for New Yorkers, the state ranks eighth-lowest for uninsured motorists, with an average of only 8.6% of drivers uninsured.
Your Options for Filing an Insurance Claim if the Other Driver Was Uninsured
Two of the three mandatory types of auto coverage in New York, PIP and uninsured coverage, apply only to the policyholder and their own passengers. But if the at-fault driver also did not carry liability insurance at the time of the accident, you may wonder about your options for filing a claim.
Thankfully, New York’s no-fault accident laws mean that the other driver’s insurance coverage may not matter for your payout. A New York car accident lawyer can help you understand your options. Here are the steps you would generally follow to file a claim after an accident:
- File through your own PIP coverage first: New York law requires drivers to file injury claims through their own personal injury protection (PIP) coverage first after an accident, regardless of who was at fault. If this insurance sufficiently covers your medical expenses, you may not need to worry about the other driver’s coverage.
- File through your own uninsured motorist coverage: Because New York law requires drivers to carry uninsured motorist coverage, you likely have insurance that will apply to the accident. Uninsured motorist coverage typically pays for medical bills, lost wages, and pain and suffering, but coverage can vary.
- Determine whether your injuries meet the serious injury threshold: You can generally only seek damages from the at-fault driver if your injuries meet the state’s serious injury threshold. Review the criteria under this threshold to understand whether you may qualify.
- If your injuries are severe, consider legal action: If your accident does meet the serious injury threshold, you may have the right to pursue additional compensation from the at-fault driver. If they are uninsured, you may be able to pursue legal action against them. But your ability to recover compensation would depend on whether they have sufficient assets for you to seek.
An auto accident lawyer in New York can explain the lawsuit process and whether this may make sense in your case. If you are considering legal action, keep the state’s car accident statute of limitations in mind and be sure to file within the three-year deadline.
Who Pays for Vehicle Damage After an Accident With an Uninsured Driver?
In New York, you have a few options for paying for medical expenses after an accident with an uninsured driver. But what are your options for paying for vehicle damage?
This would generally fall under the at-fault driver’s liability coverage. If this coverage is nonexistent, you can speak with your insurer to see whether any other coverage may apply. For example:
- Collision coverage pays for repairs to your vehicle if you are involved in a crash, regardless of who was at fault
- Comprehensive coverage applies to vehicle damage from disasters other than collisions, such as hitting a deer or suffering weather-related damage.
Contact a Car Accident Lawyer in New York for Guidance
Navigating insurance claims after accidents with uninsured drivers can feel overwhelming. A New York car accident lawyer can help you understand the steps to take after a car accident and uphold your rights to seek compensation.
Contact Cassisi & Cassisi, P.C., today at 516-294-5050 to request a free consultation with a car accident lawyer in Mineola.
Frequently Asked Questions
Is it illegal to drive a car without insurance in New York?
Yes, it is illegal to drive a car without the mandatory coverage in New York. Uninsured drivers can face up to $1,500 in fines and 15 days in jail.
What happens if you have no insurance, but the other driver was at fault in NY?
If you are uninsured but the other driver was at fault, you can explore filing a claim through their liability insurance for medical bills and vehicle repairs. However, you may face penalties for driving while uninsured, and New York’s no-fault system may complicate your compensation process.
Can you submit a claim against an uninsured driver?
You cannot submit an insurance claim against an uninsured driver, but you can explore other avenues for seeking compensation, such as filing a claim through your own insurance or suing the at-fault driver for damages. A New York car accident lawyer can help you understand your options.
