Accident Injury Claims Involving an Uninsured Driver
Being involved in a car accident is stressful enough, but discovering that the at-fault driver doesn’t have insurance can add layers of anxiety, uncertainty and confusion. What are your options when the other driver is uninsured, and how can you ensure you’re compensated for your injuries? At the Law Office of Taran M. Provost, PLLC, we’re here to guide you through this challenging situation and help you protect your rights. If you’ve been injured in a car accident in the Hudson Valley, contact our offices to speak with a skilled and experienced Goshen and Poughkeepsie auto accident lawyer.
What Happens When the At-Fault Driver Is Uninsured?
In New York, all drivers are required to carry auto insurance, including no-fault and liability coverage. However, some drivers fail to meet these legal obligations, leaving accident victims with limited options for recovering compensation after a crash. If the driver at fault is uninsured, pursuing a claim against them directly may result in financial difficulties, as they may lack the resources to pay for your damages.
Fortunately, there are alternative avenues to recover compensation.
No-Fault Insurance
New York is a no-fault insurance state, meaning your own insurance company will cover your medical expenses and certain other costs, regardless of who caused the accident. No-fault insurance (also called Personal Injury Protection or PIP) can help with medical bills, lost earnings up to a certain percentage, and other out-of-pocket expenses. However, it doesn’t cover non-economic damages like pain and suffering.
If your injuries are serious as defined by New York Insurance Law 5102(d), you can go beyond the limitations of no-fault insurance and pursue a full tort claim against the at-fault driver directly. Typically, this claim would be paid by the other driver’s liability insurance, but if they are uninsured, you must look at other options.
Uninsured Motorist Coverage
New York requires all auto insurance policies to include uninsured motorist (UM) coverage. This provision allows you to seek compensation through your own insurance company if the at-fault driver doesn’t have insurance. UM coverage can help pay for medical expenses and lost wages, as well as pain and suffering. This type of coverage is a crucial safety net for drivers in New York.
In some cases, the at-fault driver may have insurance, but their policy limits are insufficient to cover your damages. Underinsured motorist (UIM) coverage, which is often included with UM coverage, can make up the difference between the at-fault driver’s policy limits and your actual losses.
You may consider filing a personal injury lawsuit against the uninsured driver. While this can sometimes lead to compensation, it’s important to evaluate whether the at-fault driver has sufficient assets to satisfy a judgment.
Your attorney can evaluate your insurance coverage and the prospect of pursuing a UM or UIM claim or a claim against the uninsured driver. Your lawyer can help you get maximum compensation by negotiating with the insurance company or liable party or pursuing litigation if necessary.
Steps to Take After an Accident with an Uninsured Driver
If you’re involved in an accident with an uninsured driver, follow these steps to protect your claim:
- Call the police: A police report is essential for documenting the accident and confirming the other driver’s lack of insurance.
- Seek medical attention: Prioritize your health and create a record of your injuries.
- Notify your insurance company: Report the accident promptly to start the claims process.
- Gather evidence: Take photos of the scene, obtain witness statements, and keep all receipts and medical records.
- Consult an attorney: A personal injury lawyer can help you explore all your options for compensation and deal with insurance companies on your behalf.
How the Law Office of Taran M. Provost, PLLC, Can Help
Dealing with the aftermath of an accident involving an uninsured driver can be complex, and it’s not something you should try to handle without professional legal help. At the Law Office of Taran M. Provost, PLLC, we have extensive experience helping accident victims in Poughkeepsie, Goshen and throughout the Hudson Valley recover the compensation they deserve. We’ll work tirelessly to explore all avenues of recovery, whether through your insurance, a lawsuit, or other means.
If you’ve been injured in an accident caused by an uninsured driver in Orange, Ulster or Dutchess County, contact us today at 845-675-3243 for a free consultation. Let us help you secure the compensation you need to move forward.
