September 18, 2024 When you’re involved in a car accident, your immediate thoughts leap to the well-being of everyone involved, the extent of the damage, and how to handle the situation. However, the process becomes even more complex when you find out that the other driver is uninsured.
Across the United States, it is estimated that one in eight drivers is uninsured, which means there’s a significant probability that any one of us could be in an accident with an uninsured driver. Knowing what to do in such a scenario could be the difference between a resolved issue and long-term frustration.
What To Do After A Collision With An Uninsured Driver
After a collision with an uninsured driver, it’s important to take specific steps to protect yourself and ensure that the situation is properly handled:
- Check for Injuries and Ensure Safety: Ensure everyone is safe. Move vehicles out of traffic if possible and call 911 for serious injuries.
- Call the Police: Always get an official report, even for minor accidents. A police report is crucial for documentation and may be required by your insurance company.
- Gather Information: Collect the uninsured driver’s name, contact details, driver’s license number, vehicle information, and take photos of the scene. Get contact details of any witnesses. In the event of a hit and run, be sure to note the make, model, color, or event license plate of the fleeing vehicle and report it to police.
- Seek Medical Attention: Even if you don’t feel injured immediately after the accident, it’s wise to see a doctor as soon as possible to ensure you have no hidden injuries.
- Notify Your Insurance Company: Report the accident and any injuries to your insurance company. Ask about your coverage options, like uninsured motorist (UM/UIM) or collision coverage.
- Consider Legal Action: If the damages exceed your insurance coverage, you may need to file a lawsuit or take the driver to small claims court.
Seeking Coverage Under Your Own Policy
If the other driver involved in the accident is uninsured, you may still be covered under your own auto insurance policy. The specific type of coverage you have will determine what expenses you can recover, including medical bills, lost wages, and vehicle repair costs.
Underinsured Motorist Coverage / Supplemental Uninsured Motorist Coverage
In New York, uninsured motorist (UM) coverage is mandatory. This coverage is designed to protect you if you’re in an accident with a driver who either has no insurance or is involved in a hit-and-run. The state-mandated minimum UM coverage is $25,000 per person and $50,000 per accident. This can cover your medical expenses, lost wages, and other accident-related costs.
You can also opt for Supplemental Uninsured/Underinsured Motorist (SUM) coverage, which allows for higher limits than the state-mandated minimum. SUM coverage is essential if the uninsured driver’s financial resources or insurance are insufficient to cover your damages. SUM coverage can protect you from both uninsured and underinsured drivers, extending your coverage beyond basic limits.
No-Fault Coverage
New York is a no-fault insurance state, which means that your own insurance will cover your medical bills and lost wages up to your policy limits, regardless of who caused the accident. This coverage is provided under Personal Injury Protection (PIP).
No-fault coverage is required in New York, with a minimum of $50,000 per person. After an accident, you will file a claim with your own insurance company under your PIP coverage for medical expenses, even if the other driver is at fault or uninsured. However, PIP does not cover property damage, pain and suffering, or damages beyond economic losses unless you meet the state’s threshold for a serious injury, which could open the door to a lawsuit against the uninsured driver.
Collision Coverage
While New York’s no-fault and uninsured motorist coverage focus primarily on medical expenses and lost wages, collision coverage will cover damage to your vehicle. Collision coverage is optional in New York, but it’s highly recommended for situations like accidents with uninsured drivers. If you have this coverage, your insurance will pay for repairs to your vehicle, minus your deductible, regardless of fault.
If the uninsured driver is at fault and you don’t have collision coverage, you may have limited options for recovering repair costs.
Can Insurance Companies Collect Damages From An Uninsured Driver?
In New York, your insurance company may seek to recover the money it paid for your claim from the at-fault uninsured driver through a process called subrogation. After compensating you for your damages, your insurer can attempt to collect from the uninsured driver. However, this process can be challenging if the uninsured driver lacks the financial means to pay for damages.
While New York mandates that drivers have insurance, many uninsured drivers may be uninsured because of financial difficulties, making it hard for insurance companies to recover funds. Even if subrogation is pursued, there is no guarantee that the insurance company will recover the full amount of what was paid out.
If subrogation is unsuccessful or if the uninsured driver has no assets, your insurance company may still cover your medical bills and other expenses under your UM or PIP coverage. You may also have the option to pursue legal action on your own, but this can be a costly and lengthy process, especially if the driver has no significant assets.
How Can An Attorney Help?
Dealing with an accident involving an uninsured driver can be complicated, especially if your injuries or damages exceed what your insurance covers. In New York, an attorney can help you in the following ways:
- Maximizing Insurance Claims: An attorney can help you navigate your insurance policies, ensuring you receive the maximum compensation available under your UM, SUM, PIP, or collision coverage. They can also negotiate with your insurer if your claim is unfairly denied or underpaid.
- Legal Action Against the Uninsured Driver: If your damages exceed your insurance coverage, an attorney can help you file a personal injury lawsuit against the uninsured driver. While collecting damages from an uninsured driver can be difficult, an attorney can assess whether this is a viable option based on the driver’s assets or income.
- Handling Complex Claims: If the accident involves serious injuries, disputes over fault, or other complicating factors, an attorney can protect your legal rights and represent you in negotiations with both your insurance company and the uninsured driver.
- Navigating Serious Injury Thresholds: In New York’s no-fault system, you can only sue the at-fault driver if you meet the “serious injury” threshold. An attorney can help determine if your injuries qualify under this standard and assist you in pursuing additional compensation for pain and suffering.
- Subrogation Assistance: Your attorney can also coordinate with your insurance company during the subrogation process, helping ensure the at-fault uninsured driver is pursued for damages when possible.
Contact Cellino Law
Car accidents involving uninsured drivers can add an extra layer of complexity and anxiety to an already stressful event. Remember that you don’t have to go through it alone. The team of attorneys at Cellino Law are here to help. If you’ve been in an accident with an uninsured driver, don’t hesitate to reach out for professional legal help. For more information or to schedule a consultation, call us at 888-888-8888, and let our experienced and knowledgeable attorneys help you navigate the legal road ahead.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.