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What are My Rights After Being Injured by an Uninsured Motorist

Car accident

Being involved in a motor vehicle accident can be a traumatic experience, and the situation becomes even more complex when the at-fault party is an uninsured motorist. It can be easy to feel overwhelmed, anxious, and at a loss as to what to do next when you find out the driver who caused the accident does not have insurance. Do not despair. There are likely other ways to pursue compensation in such situations.

What are My Rights After Being Injured by an Uninsured Motorist?

Firstly, it is important to know that New York is a no-fault insurance state. This means that after a car accident, individuals typically turn to their own insurance coverage to pay for medical expenses and other damages, regardless of who was at fault. This system, however, has its limitations, and when injuries are severe or exceed the coverage provided by personal injury protection (PIP), the no-fault insurance, individuals may need to explore other avenues for recovering compensation.

One option may be to pursue a claim through your own uninsured motorist coverage (UM), if you have been injured by an uninsured motorist in New York. UM coverage is a component of auto insurance that provides protection in situations where the at-fault party does not have insurance. This coverage can help pay for medical bills, lost wages, and other damages resulting from the accident.

To utilize your UM coverage, you would need to promptly notify your insurance company about the accident. They may require documentation, such as a police report and medical records, to process your claim. It is crucial to cooperate with your insurance carrier and provide all necessary information in order to ensure a smooth claims process.

You may also be able to pursue compensation through the Motor Vehicle Accident Indemnification Corporation (MVAIC). This is a New York state-created organization that helps compensate individuals injured by uninsured or unidentified motorists. To be eligible for MVAIC benefits, certain criteria must be met and a claim must be filed within a specific timeframe. 

Additionally, injured parties in New York retain the right to file a personal injury lawsuit against the uninsured motorist personally. This option, however, can prove challenging as uninsured motorists often lack the financial means to cover the damages. Even if a court awards compensation, collecting on it can be a prolonged and uncertain process.

Personal Injury Attorney

Pursuing compensation for the harm you have suffered due to the negligence of an uninsured driver can be particularly difficult to navigate. Exploring all avenues of recovery requires a thorough knowledge and understanding of complex legal rules, insurance regulations, and available resources. To help ensure that you exhaust all possible avenues of recovery and do what can be done to help ensure you are properly compensated for the damages you have sustained, reach out to Attorney Michael LoGiudice for assistance and trusted legal counsel. Contact us today.

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