What To Do If You’re Hit By An Uninsured Driver In Poughkeepsie
Being involved in a car accident can be a stressful and overwhelming experience, but finding out the at-fault driver doesn’t have insurance adds an extra layer of concern. You might be wondering how you’ll cover your medical bills, repair costs, and lost wages. Unfortunately, motor vehicle accidents caused by uninsured drivers are more common than many people realize.
If you’re in this situation in Poughkeepsie, it’s important to know your rights under New York law and how to take steps to protect them. The legal process may feel daunting, but with the right approach and knowledge, you can pursue the economic compensation you need to recover from this unexpected accident. Let me walk you through what to do and what options may be available under New York personal injury statutes.
Take Immediate Action After The Accident
The first thing you should do after any car accident is ensure your safety and seek medical attention. Even if your injuries seem minor at first, some conditions, like concussions or internal injuries, can worsen over time. Document the scene by taking photographs of the damage to your vehicle, any visible injuries, and the surrounding area. Collect information from the other driver, including their name, contact details, and insurance information—even if they initially claim not to have insurance. Make sure to contact the police and file an accident report. This report will be an essential piece of evidence if you need to file a claim later.
Understanding New York’s No-Fault Insurance System
New York operates under a no-fault insurance system. This means that your insurance policy will cover your initial medical expenses and lost wages, regardless of who caused the accident. These benefits are limited, and you may find they don’t fully cover your losses, especially if your injuries are severe. This is where uninsured motorist (UM) coveragecan come into play.
Uninsured motorist coverage is a part of your auto insurance policy that protects you in situations where the at-fault driver has no insurance. In New York, drivers are required to carry at least the minimum amount of uninsured motorist coverage. If you have this insurance coverage, you can file a claim with your own insurance company to recover compensation for your injuries and damages.
Pursuing Compensation Beyond Insurance Coverage
If your injuries meet New York’s “serious injury threshold” as defined under New York Insurance Law § 5102(d), you may be eligible to file a personal injury lawsuit against the at-fault driver. Serious injuries can include broken bones, significant disfigurement, or injuries that result in permanent limitations. Filing a lawsuit allows you to pursue additional damages not covered by your no-fault insurance, such as pain and suffering or loss of quality of life.
However, suing an uninsured driver comes with its own challenges. Even if you win your case, the driver may lack the financial resources to pay the judgment. That’s why uninsured motorist coverage is so important—it provides a safety net when the at-fault driver cannot pay.
Building A Strong Case
To strengthen your claim, gather as much evidence as possible. This evidence includes the police report, medical records, photos from the accident scene, and witness statements. Your ability to present clear and convincing evidence will play a significant role in determining the outcome of your claim or lawsuit. It’s also necessary to notify your insurance company promptly about the accident to avoid complications with your uninsured motorist claim.
How An Attorney Can Help
Dealing with insurance companies and legal processes can be overwhelming, especially when you’re trying to recover from your injuries. Having an experienced personal injury attorney by your side can make a significant difference. An attorney can help you evaluate your options, negotiate with your insurance company, and, if necessary, pursue a personal injury lawsuit to ensure you receive the compensation you deserve.
Protect Your Rights After An Accident
If you’ve been hit by an uninsured driver, time is of the essence. Under New York Civil Practice Law & Rules § 214, you generally have three years from the date of the accident to file a personal injury lawsuit. However, insurance claims should be filed as soon as possible to avoid missing deadlines imposed by your policy. Acting quickly can improve your chances of securing the financial recovery you need.
New York Car Accident Claim FAQs
What Should I Do Immediately After Being Hit By An Uninsured Driver?
Your safety is the top priority. Call 911 to report your accident and request medical assistance if needed. Document the scene by taking photos and gathering contact information from any witnesses. Even if the driver admits they don’t have insurance, obtain their contact details. After leaving the scene, seek medical care and notify your insurance company about the accident. This documentation will be essential for filing an uninsured motorist claim.
Can I File A Claim If The Other Driver Has No Insurance?
Yes, you can file a claim under your own uninsured motorist (UM) coverage. In New York, UM coverage is mandatory and is designed to provide compensation when the at-fault driver lacks insurance. This can include medical expenses, lost wages, and other damages related to the accident. If your injuries meet the serious injury threshold, you may also have the option to file a personal injury lawsuit.
What Happens If The Uninsured Driver Doesn’t Have Assets To Pay A Lawsuit Judgment?
In cases where the at-fault driver lacks assets or financial resources, recovering compensation through a personal injury lawsuit can be difficult. This is why uninsured motorist coverage is so important—it ensures you have an avenue to recover damages even if the other driver cannot pay.
How Long Do I Have To File A Claim?
Under New York Civil Practice Law & Rules § 214, you generally have three years from the date of the accident to file a personal injury lawsuit. However, claims under your insurance policy should be filed as soon as possible, as insurance companies often impose their own deadlines. Acting quickly helps protect your legal rights and can strengthen your case.
Can I Recover Compensation For Pain And Suffering?
Yes, if your injuries meet New York’s serious injury threshold, you may be able to pursue damages for pain and suffering. This type of compensation goes beyond what no-fault insurance typically covers and is available through a personal injury lawsuit. Your attorney can help evaluate whether your injuries qualify and calculate the potential value of these damages.
We Push For Every Penny You’ve Got Coming
At Jonna Spilbor Law, we are dedicated to helping those injured by uninsured drivers in Poughkeepsie and throughout New York secure the compensation they need to recover. If you’ve been hit by an uninsured driver, don’t face this challenging situation alone. Our experienced personal injury team will stand by your side, guiding you through every step of the process.
To receive a free consultation, contact our Poughkeepsie auto accident attorney at Jonna Spilbor Law by calling our Poughkeepsie office at (845) 485-2529. We proudly represent clients across the Hudson Valley, Dutchess County, Putnam County, and New York City. Let us help you take the first step toward justice and recovery.
