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Can I recover compensation for my injuries if the driver who hit me did not have car insurance?
New York law requires that all drivers carry the state minimum in automobile insurance. Despite this legal requirement, many drivers in New York elect to operate a motor vehicle without any insurance at all (uninsured) or without adequate coverage for any damages they may inflict on others (underinsured). According to the Insurance Information Institute, over 13 percent of motorists, or one in eight drivers, drive without insurance. Being hit by a driver that lacks insurance can add much stress to an already anxiety ridden situation. Fortunately, there are some ways for drivers to still recover compensation following an injury due to an uninsured or underinsured driver. Our NYC uninsured driver claims attorney explores what you can do if you were hit by an uninsured motorist below.
New York’s Insurance Requirements
Per New York law, motorists must carry a minimum amount of liability insurance of $25,000 for bodily injury for one person, $50,000 for bodily injury for all persons, $100,000 per accident for death, and $10,000 for property damage in one accident. Additionally, the state requires $50,000 in no-fault coverage. Further, New York insurance companies must provide uninsured motorist coverage in the amount of $25,000 per person or $50,000 per accident.
Next Steps If You Are Hit By an Uninsured Motorist
If you have been hit by an uninsured or underinsured motorist, you will first want to make sure a police report is generated. The police report will be important to proving the other driver’s fault. Your next step will be securing a car accident attorney to assist you in obtaining the compensation you deserve. You will likely need to file a claim for uninsured/underinsured motorist coverage through your own insurance company. Be sure to document all of your damages, as these claims can be difficult to gain approval.
In many cases, your uninsured/underinsured motorist limits may not cover all of your damages. As such, you may need to file a personal injury claim against the underinsured or uninsured driver. The driver’s minimal coverage may assist in covering your damages, or the completely uninsured driver could receive a personal judgment to repay your losses. Your attorney will provide you with a better overview of your options if you are hit by an uninsured motorist during your consultation.