What If the Other Driver Doesn’t Have Insurance in New York City?

Learning that the driver who caused your accident doesn’t have insurance can spiral you into a panic. Will you be able to recover anything to cover the mounting medical bills, car repairs or replacement, and lost work? But in New York City, an accident with an uninsured driver does not necessarily mean you have no way to recover compensation.

At Lipsig, Freund & Wisell, our New York City motor vehicle accident attorneys help injured parties pursue compensation after crashes involving uninsured motorists, hit-and-run drivers, and other difficult insurance situations.

What Happens When the At-Fault Driver Has No Insurance?

New York law requires drivers to carry liability insurance, but some people still drive without valid coverage. Others may have insurance that does not provide enough coverage to compensate an injured person after a serious collision.

New York’s Department of Financial Services states that mandatory uninsured motorist coverage generally provides up to $25,000 for one injured person and $50,000 for two or more people injured in the same accident. Additional uninsured/underinsured motorist coverage may also be available, depending on the policy.

This means that after a crash in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island, you may need to look beyond the other driver’s insurance policy to determine what coverage is available.

Can You Use Your Own Insurance After an Uninsured Driver Hits You?

In many cases, yes. Uninsured motorist coverage can provide benefits when another driver causes an accident but does not have liability insurance. It can also apply in certain hit-and-run accidents.

Your own insurance company may still investigate the accident and determine whether the policy provides coverage. The insurer may question how the crash happened, argue that its policy does not apply, or attempt to shift blame for the collision.

Do not assume that your insurance company will automatically pay everything covered by your policy. Insurance companies are businesses, and their financial interests do not always align with those of an injured policyholder. But that doesn’t mean you shouldn’t fight back with the assistance of a qualified attorney.

Our attorneys can investigate the collision, review the insurance policies involved, gather evidence, and communicate with the insurance company on your behalf.

What Should You Do After a Crash with an Uninsured Driver?

After an accident involving an uninsured or hit-and-run driver, taking the right steps can help preserve evidence and protect your claim.

• Call the police and obtain an accident report
• Seek medical treatment for your injuries
• Photograph the vehicles, accident scene, road conditions, and visible injuries
• Obtain contact information for witnesses
• Keep copies of medical bills, records, and other accident-related expenses
• Notify your insurance company about the accident
• Avoid giving a recorded statement before discussing the claim with your attorney

New York’s no-fault system may also provide benefits for medical expenses and lost earnings after a motor vehicle accident, regardless of who caused the crash. Those benefits are separate from a potential uninsured motorist claim.

Learn Your Options for Compensation After an Accident With an Uninsured Driver

Uninsured motorist claims can involve complicated questions about insurance coverage, fault, damages, and policy limits. A thorough investigation can make a difference in determining what sources of compensation may be available.

Lipsig, Freund & Wisell, PLLC has represented injured New Yorkers throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island for decades. Contact our firm online or call (212) 285-3300 to schedule a consultation.