When another driver causes an accident and injury, their insurance is generally responsible for covering your costs. However, if you are involved in an accident with an uninsured driver this is not a possibility. After a car accident contact an attorney at Zlotolow & Associates for skilled representation and legal advice.
What Are the Insurance Requirements in New York?
Every driver in New York is required to carry a minimum amount of auto insurance. The minimum coverages you must have include the following.
- PIP (Personal Injury Protection): $50,000 per person for the driver and all passengers
- Bodily injury per person: $25,000 or $50,000 for injury resulting in death
- Bodily injury per accident: $50,000 or $100,000 for injury resulting in death
- Property damage: $10,000
- Uninsured motorist coverage per person: $25,000 or $50,000 for injury resulting in death
- Uninsured motorist coverage per accident: $50,000 or $100,000 for injury resulting in death
What Can I Do if I’m Involved in an Accident With an Uninsured Driver?
If you are involved in an accident with an uninsured driver the first thing you should do is contact the police. Call 911 to ensure an officer and ambulance arrive on the scene. Get medically evaluated to ensure your health and safety. Make sure a police report is filed and exchange contact information with the other driver as well as any witnesses.
It is important to file a report with your insurance company. This report simply notifies your insurer about the accident. There may be deadlines you must meet depending on your insurance provider so check your policy for more information. Because uninsured motorist coverage is mandatory in New York you can file a claim with your insurance company to collect compensation for compensatory damages.
Can I Sue an Uninsured Driver?
There is a chance that you need more than your uninsured motorist coverage to cover the extent of your medical expenses and losses. Also, keep in mind that this insurance does not apply to property damage. If you wish to seek compensation for uncovered expenses or property damage you can consider filing a lawsuit against the uninsured driver. With the help of an attorney, you can gather evidence to prove the driver’s negligence and liability as well as the expenses you have incurred as a result of their actions.
It is important to note that even if your case against the driver is successful you may not be able to collect the compensation you were awarded. If the driver does not have many assets it may be impossible to enforce the judgment of your case.
Should I Hire a Lawyer?
While it is not required that you have legal representation during a car accident claim or lawsuit it can be greatly beneficial. Your attorney can communicate with your insurance provider, negotiating on your behalf to get you the best settlement possible. If you decide to pursue legal action against the uninsured driver a lawyer can also help gather information, present evidence, and represent you in court. Reach out to a skilled attorney today.