What If I Was Hit By An Uninsured Driver In New York?
Getting into a car accident is stressful, but it becomes even more complicated when the at-fault driver does not have insurance. In New York, every driver is required by law to carry auto insurance, but that does not mean everyone follows the rules. If you were hit by an uninsured driver, you may be wondering how to cover your medical bills, lost wages, and vehicle damage.
Thankfully, New York law provides several options for accident victims in this situation. From uninsured motorist (UM) coverage to potential personal injury lawsuits, there are legal paths to recover compensation. Understanding your rights and taking the right steps after an accident can make all the difference in securing the financial support you need.
No-Fault Insurance And Uninsured Motorist Coverage
New York follows a no-fault insurance system, meaning your own insurance company typically covers your medical expenses and lost wages under Personal Injury Protection (PIP), regardless of who caused the crash. Under New York Insurance Law § 5103, all registered vehicles must have PIP coverage of at least $50,000 per person. However, PIP does not cover pain and suffering, and if the other driver was uninsured, your options for additional compensation may be limited unless you have uninsured motorist (UM) coverage.
Uninsured Motorist (UM) Coverage: Every auto insurance policy in New York is required to include uninsured motorist (UM) coverage under New York Insurance Law § 3420(f)(1). This coverage applies when an uninsured driver causes an accident and can provide compensation for medical expenses, lost wages, and pain and suffering. The minimum required UM coverage in New York is $25,000 per person and $50,000 per accident, but many drivers opt for higher limits.
When You Can Sue For Damages
While New York’s no-fault system limits lawsuits in minor accidents, there are exceptions that allow injured victims to sue for damages. Under New York Insurance Law § 5104, you can file a lawsuit against an at-fault driver if you suffered a serious injury, which includes:
- Broken bones
- Significant disfigurement
- Permanent loss of a body part or function
- Substantial disability lasting at least 90 days
If you meet this threshold and the other driver is uninsured, you may be able to recover damages through your uninsured motorist coverage or by filing a personal injury lawsuit against the at-fault driver directly.
Filing A Claim With The Motor Vehicle Accident Indemnification Corporation (MVAIC)
If you do not have UM coverage and the uninsured driver cannot pay for your damages, you may still have another option. The Motor Vehicle Accident Indemnification Corporation (MVAIC) is a state-run program that provides compensation for victims of uninsured drivers. To qualify for MVAIC benefits under New York Insurance Law § 5201, you must:
- Report the accident to the police within 24 hours
- Prove that the at-fault driver was uninsured or unidentified
- Show that no other insurance coverage is available
MVAIC can provide compensation for medical bills, lost wages, and even pain and suffering in some cases. However, strict deadlines apply, and the claims process can be complex.
Steps To Take After Being Hit By An Uninsured Driver
- Call The Police: Always report the accident and ensure that an official police report is filed. This documentation is crucial when filing an uninsured motorist claim or seeking compensation from MVAIC.
- Seek Medical Attention: Even if you feel fine, injuries can develop over time. Getting medical care immediately helps document your condition.
- Notify Your Insurance Company: Report the accident to your insurer as soon as possible. Delays in reporting could impact your ability to file a claim.
- Gather Evidence: Take photos of the accident scene, your injuries, and any damage to your vehicle. Get contact information from witnesses.
- Consult A Personal Injury Attorney: Uninsured motorist claims and MVAIC applications can be complicated. An attorney can help ensure that you receive the compensation you deserve.
New York Accident Claims FAQs
What If The Driver Who Hit Me Left The Scene?
If the at-fault driver fled the scene, your uninsured motorist (UM) coverage should still apply. However, you must report the hit-and-run accident to the police within 24 hours to qualify for UM benefits. If you do not have UM coverage, you may be able to file a claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC).
Can I Sue An Uninsured Driver For My Damages?
Yes, you can file a lawsuit against the uninsured driver, but collecting compensation may be difficult. Many uninsured drivers lack the financial resources to pay a judgment. This is why having uninsured motorist (UM) coverage is so important.
How Much Uninsured Motorist Coverage Do I Need?
New York requires a minimum of $25,000 per person and $50,000 per accident in uninsured motorist coverage, but higher limits are recommended. Many policies offer Supplemental Uninsured/Underinsured Motorist (SUM) coverage, which can provide additional protection.
What If I Was A Passenger In A Car Hit By An Uninsured Driver?
If you were a passenger in a car involved in an accident with an uninsured driver, you could file a claim under the driver’s uninsured motorist (UM) coverage. If the driver does not have UM coverage, you may be able to file a claim under your own policy or through MVAIC.
Will My Insurance Rates Increase If I File An Uninsured Motorist Claim?
Filing an uninsured motorist (UM) claim should not increase your insurance rates, as you were not at fault for the accident. However, insurance companies sometimes raise rates for frequent claims, so reviewing your policy terms is important.
How Long Do I Have To File A Claim Against An Uninsured Driver?
For uninsured motorist (UM) claims, most insurance policies require that you notify your insurer within 30 days of the accident. If you are filing a lawsuit, New York law sets a three-year statute of limitations under New York Civil Practice Law & Rules § 214. Claims through MVAIC must be started within 90 days of the accident.
Can I Recover Compensation For Pain And Suffering If The Other Driver Is Uninsured?
Yes, but only if you meet New York’s serious injury threshold under New York Insurance Law § 5104. If you qualify, you can recover compensation through your UM coverage or by suing the at-fault driver.
Does MVAIC Cover Property Damage?
No, MVAIC only covers medical expenses, lost wages, and pain and suffering. It does not provide compensation for vehicle repairs.
What If The Insurance Company Denies My Uninsured Motorist Claim?
If your insurer denies your UM claim, you have the right to challenge the decision. An attorney can help dispute the denial and negotiate for fair compensation.
How Can A Lawyer Help With An Uninsured Motorist Claim?
An attorney can help gather evidence, handle insurance negotiations, file legal claims, and ensure that all deadlines are met. Insurance companies often try to minimize payouts, and having legal representation increases your chances of receiving full compensation.
The Right Law Firm For Your Claim, Is Right Here
Being hit by an uninsured driver can leave you with medical bills, lost wages, and serious financial stress. You should not have to handle this situation alone. At Jonna Spilbor Law, we fight to protect the rights of accident victims and help them recover the compensation they deserve.
For a free consultation, contact our Fishkill car accident lawyer at Jonna Spilbor Law by calling our Fishkill office at (845) 485-2529. We represent clients throughout the Hudson Valley, Dutchess County, Putnam County, and New York City.
