Hit by an Uninsured Motorist? A Car Accident Lawyer NYC Explains Your Options for Compensation

In the aftermath of a car accident in New York, going through insurance and claiming compensation is hard enough as is, but when the driver involved in the accident is an uninsured motorist, things can get even more challenging and sometimes overwhelming. But the question remains: should you get into an accident with an uninsured motorist, what are your options for compensation? This is the very question that we at Gabriel Law hope to answer through this blog as we step into the shoes of your car accident lawyer NYC.

Who is an uninsured motorist?

According to New York State traffic and insurance law, anyone who wants to drive on the streets of New York legally must have the proper auto insurance. In that respect, an uninsured motorist is a driver who does not carry the proper auto insurance, yet they continue to drive illegally on New York streets. If caught, an uninsured motorist can face a range of severe repercussions, such as fines, surcharges, and the suspension of license and registration.

How can the injured party claim compensation?

Even though being hit by an uninsured motorist is not ideal when it comes to claiming compensation, it does not mean that you are out of options. Since the driver is uninsured, the injured party cannot look to claim from the other party’s liability insurance to cover their expenses. However, the injured party can still look to their insurance company to compensate them for the damages suffered.

First, as an injured individual, you can look at your Personal Injury Protection (PIP) coverage (i.e., no-fault insurance). Through PIP insurance, you can receive compensation for your medical expenses, lost income, and other connected expenses with an upwards limit of $50,000.

Since New York is a no-fault state, you can claim compensation through PIP insurance, regardless of the fault you share in the accident. However, if you share partial blame for the accident, your compensation may be reduced to reflect the extent of your blame in the accident. This is the result of New York’s pure comparative negligence rule.

If the damages you’ve suffered exceed the $50,000 awarded in PIP insurance, you can claim compensation for the additional costs through your Uninsured Motorist (UM) coverage, which is specifically designed to address accidents involving uninsured motorists.

What steps should you take after an accident with an uninsured motorist?

Regardless of whether the accident was caused by an insured or uninsured motorist, what you need to do (and not do) after an accident to protect your rights and ability to claim compensation remains the same. They are:

Things you should do after an accident

Seek immediate medical attention.
Call 911 and report the accident to law enforcement.
Exchange contact and insurance information with the other driver.
Document the scene and gather supporting evidence.
File an accident report with the New York DMV.
Contact a New York City auto accident attorney to get a firm understanding about your rights and liabilities.
Contact your insurance company and inform them about the accident.

Things you should not do after an accident

Delay in seeking medical treatment after the accident.
Delay filing the accident report with the New York DMV.
Leave the scene without reporting the accident or exchanging contact information.
Admit fault or apologize for the accident.
Post about the accident and subsequent proceeding on social media
Make recorded statements or sign any documents without first consulting with an attorney.
Accept the initial payout offered by the insurance company.

Is it worth filing a lawsuit against an uninsured motorist?

At the end of the day, if insurance does not work out, you also have the option of suing the uninsured motorist, but is it really worth it? The answer is, it depends. While it is possible for you to present a compelling case and get a judgement in your favor, it is not a guarantee that you will receive the compensation you are expecting.

Realistically, if the person does not have auto insurance, they most certainly will not have the financial means to pay damages. At the end of the day, you may find yourself in a position where you have spent more pursuing frivolous litigation than the compensation you would have received. Therefore, our recommendation is to explore every possible insurance option before you even consider filing a lawsuit.

Conclusion

While the road to claiming compensation from an uninsured motorist can be complicated, you don’t need to make the journey alone, not when you can call on Gabriel Law for help. Our team of NYC car accident lawyers have been in the business for many years and have experience dealing with cases involving uninsured motorists. Rest assured, we will do everything in our power to help you reach a settlement that is both fair and equitable. If you are interested in what we have to offer, schedule a free consultation, and let’s have a chat about how to move forward.