What Happens If the At-Fault Driver Has No Insurance in New York?
What Happens If the At-Fault Driver Has No Insurance in New York?
If you’ve been involved in a car accident in New York and discover the at-fault driver doesn’t have insurance, you may feel uncertain about your legal and financial options. Fortunately, New York has specific laws in place to help protect drivers in this situation.
No-Fault Insurance and Its Limits
New York is a no-fault insurance state. This means that after an accident, your own insurance covers your medical bills and lost wages—up to your policy limits—regardless of who was at fault. However, this coverage does not apply to property damage or pain and suffering, and it may not be sufficient in more serious cases.
What If You Have Uninsured Motorist Coverage?
New York requires drivers to carry uninsured motorist (UM) coverage as part of their auto insurance policy. This coverage can step in to help you recover compensation for bodily injury if the at-fault driver is uninsured. UM coverage typically helps pay for:
- Medical expenses
- Lost income
- Pain and suffering (in certain situations)
However, UM coverage does not apply to vehicle repairs. To protect against that, optional collision coverage would be necessary.
Suing the Uninsured Driver
You may also consider filing a lawsuit directly against the at-fault driver. While this is legally allowed, it’s often difficult to recover compensation because uninsured drivers frequently lack the financial resources to pay judgments. This route can also be time-consuming and uncertain.
Steps to Take After the Accident
If you are hit by an uninsured driver:
- Call the police and make sure a report is filed.
- Document the scene with photos and witness statements.
- Notify your insurance company immediately.
- Consult with a personal injury attorney to explore your legal options.
How the Law Offices of John E. Gray Can Help
Navigating an uninsured motorist claim can be complex, especially when serious injuries are involved. At the Law Offices of John E. Gray, we help injured New Yorkers pursue the full compensation they’re entitled to—whether through their own insurer or in court. We understand the ins and outs of UM coverage and can fight on your behalf to ensure your rights are protected.
