If you or someone you love has suffered an injury from a car accident with an uninsured driver on Long Island, contact us today.
Under New York law, all motorists must have car insurance. Drivers who get into a car accident without insurance in New York may face penalties, such as having to pay fines or facing driver’s license suspension. If you were injured by an uninsured driver, your no-fault insurance can cover certain economic damages such as medical bills and some lost wages. A car accident lawyer at Rosenberg and Gluck, L.L.P. can help you understand your own car insurance coverage when you’ve been injured and guide you through the legal process to recover compensation.
What Are the Penalties for Getting in a Crash without Liability Insurance?
According to the New York Department of Motor Vehicles, if you’re involved in a car accident without insurance, or if someone else crashes while driving your uninsured vehicle, your driver’s license and vehicle registration will be revoked for at least one year. Additionally, uninsured drivers could face a fine up to $1,500 and must pay $750 to the DMV to reinstate their license.
What Are New York’s Liability Coverage Requirements?
For most vehicles, the minimum amount of liability coverage is:
- $10,000 for property damage for a single accident
- $25,000 for bodily injury and $50,000 for death for a person involved in an accident
- $50,000 for bodily injury and $100,000 for death for two or more people in an accident
New York State requires valid, state-issued insurance for registered vehicles, even if unused. Since NY laws require car insurance, be sure to carry a paper or electronic Insurance ID Card in your vehicle.
How to Get Compensation When Injured by an Uninsured Driver
When uninsured motorists cause serious injuries, accident victims have options to seek compensation.
File a No-Fault Auto Insurance Claim with Your Insurer
New York mandates no-fault auto insurance coverage for all drivers. No-fault, or personal injury protection (PIP) insurance, covers basic expenses and losses including:
- Medical care coverage
- A portion of your lost income
- Travel expenses for appointments
- Certain household services
When you suffer injuries in a crash, the first place you turn in New York is your no-fault policy. If your damages exceed the No-Fault benefits limit of $50,000 and your injury passes the serious injury threshold, you may have additional options for recovery.
What Is the Serious Injury Threshold?
In New York, serious injuries include:
- Fractured bones
- Disfigurement
- Permanent loss of use of a body function or system
- Significant limitation of a body function or system
- Full disability for at least 90 days of the first 180 days following the collision
When a serious injury occurs, or economic damages exceed $50,000, a collision victim can pursue a recovery beyond No-Fault coverage. They can also seek compensation that includes pain and suffering with the help of a car accident lawyer.
File an Uninsured Motorist Insurance Coverage Claim
According to the New York State Department of Financial Services, all drivers must have uninsured motorist coverage to cover expenses and losses if injured by an uninsured driver. Underinsured motorist coverage is designed to provide protection from your own insurance when you’re involved in an accident with a driver whose car insurance policy limits are insufficient to cover your damages.
Sue the At-Fault Driver in Civil Court
If auto insurance company negotiations fail, you can sue for compensation. An attorney can gather evidence, prove negligence, and meet New York’s deadlines.
Do I Need to Prove Fault to Recover Damages in My New York Crash Case?
If you pursue a no-fault claim under your coverage, there’s no need to prove fault. These policies cover basic medical costs and expenses up to the policy limits without investigating the crash cause or proving another driver was negligent.
To recover non-economic or additional economic losses for serious injuries, you generally need to show fault.
To prove another party’s negligence, you must show:
- Duty of care: The at-fault party was responsible for driving safely and obeying traffic laws.
- Breach of duty: The at-fault party failed in their duty.
- Causation: The collision resulted from the at-fault party’s negligence.
- Damages: You suffered damages from the crash.
What Damages Can I Recover in an Uninsured Motorist Case in New York?
Collision damages vary by case, and no two cases have identical medical expenses, or losses, even with similar injuries. Attorneys identify recoverable damages and set a fair settlement range to seek appropriate compensation.
Examples of Damages
The recoverable damages in a crash case could include:
- Medical bills, current and future
- Ongoing care and support costs
- Lost income from time away from work
- Diminished earning capacity
- Pain and suffering
- Mental anguish
- Lost enjoyment in life
Non-economic damages, often a large part of the settlement of an auto accident case, are unavailable unless you have serious injuries and pursue financial recovery through a fault-based claim or lawsuit.
Wrongful Death Damages After an Uninsured Car Crash in New York
Car accident attorneys can seek justice following a victim’s death, allowing the decedent’s representative to file a case to recover damages for certain family members including funeral and burial expenses, your loved one’s medical bills, and more.
How Much Time Do I Have to File an Uninsured Motorist Accident Lawsuit in New York?
New York’s statute of limitations for personal injury and wrongful death cases are:
- Three years to file a lawsuit for injuries
- Two years to file a lawsuit for wrongful death
Exceptions exist and might give you even less time to act. For example, against a municipality, the law could give only weeks.
You Can Trust Your Case to a New York Car Accident Attorney
If you suffered serious injuries in a collision caused by an uninsured driver, you still have options for recovering compensation. Call today to discuss your case with the personal injury lawyers at Rosenberg and Gluck, L.L.P.
