Although New York law requires all drivers to carry auto insurance, some still operate vehicles without coverage. If you are injured in a car accident in New York with an uninsured driver, pursuing compensation can be challenging, especially in cases involving serious injuries. Knowing the right steps to take after an accident is essential to safeguard your health and protect yourself from financial loss.
Quick Links
- What To Do After Being Hit by an Uninsured Driver: Step-by Step
- What Are Your Legal Options if Hit by an Uninsured Driver in New York?
- Common Challenges in Uninsured Motorist Claims in New York
- How Meirowitz & Wasserberg Can Help If You Were Hit by an Uninsured Driver in New York
- What Clients Say About Us
- Consult a New York Uninsured Driver Accident Attorney Today
What To Do After Being Hit by an Uninsured Driver: Step-by Step
After being involved in an accident with an uninsured driver in New York, there are several critical actions to take following the crash that can make it easier to secure compensation for your injuries, property damage, and other losses. This guide will cover how to report the accident, gather evidence, and ensure your own safety and legal protection.
Call the Police and Report the Accident
If you are involved in an auto accident, promptly report it to your insurance company and local police. If the accident resulted in any injuries or more than $1,000 in property damage, you must also file an accident report with the New York Department of Motor Vehicles. Having a police report, even when the driver is uninsured, can provide crucial evidence for any claim you may file.
Document the Accident Scene
If possible, it’s important to take photos of the scene of the accident. Try to capture the vehicles involved, any visible damage, and the surrounding environment. If there were witnesses who saw the crash, collect their contact information as well.
Obtain the Uninsured Driver’s Information
Collect as much information as possible from the at-fault driver, even if they do not have insurance. This can include their driver’s license number, license plate number, details about their vehicle, and contact information.
Notify Your Insurer
New York is a no-fault state, so your first step after a car accident will be to file a written notice of claim with your auto insurer that identifies the circumstances of the accident. This must be done within 30 days of the accident. If you’re injured in an accident with an uninsured driver, you may be able to file a claim with your own insurance if you have uninsured/underinsured motorist coverage in addition to no-fault coverage.
If you do not have an auto insurance policy and are injured by or while in an uninsured vehicle or a hit-and-run driver, you may be able to file a claim for no-fault benefits with the New York Motor Vehicle Accident Indemnification Corporation (MVAIC).
What Are Your Legal Options if Hit by an Uninsured Driver in New York?
Regardless of who caused an accident, each person’s insurance company is responsible for covering a set amount of their medical expenses and lost wages. If your no-fault coverage doesn’t cover all of your damages, you must meet the state’s severe injury threshold in order to file a fault-based car accident lawsuit. Some eligible severe injuries include death, dismemberment, loss of a fetus, disfigurement, amputation, and more.
Suing the Uninsured Driver
Filing a lawsuit against the uninsured driver may be an option if you suffered severe injuries, though it may be difficult if the driver lacks assets or the ability to pay.
Seeking Compensation Through Other Available Resources
If you don’t carry auto insurance, you may still have options for compensation through the MVAIC. Established by the state legislature, this nonprofit program offers no-fault and bodily injury coverage to eligible individuals who lack their own insurance.
Common Challenges in Uninsured Motorist Claims in New York
Uninsured motorist claims come with a host of challenges, like delays, disputes, and difficulties securing compensation from drivers who often don’t have much income or assets.
The Difficulty of Recovering Compensation from an Uninsured Driver
Suing an uninsured driver may or may not be worth it depending on the driver’s financial situation. Winning a judgment doesn’t guarantee you can collect compensation if they lack assets or income. Exploring your insurance options may be a more effective route to ensuring your medical bills are paid.
Challenges with MVAIC Claims
If you do not have uninsured motorist coverage or no-fault coverage, you may need to file a claim with the New York Motor Vehicle Accident Indemnification Corporation (MVAIC), which has specific eligibility requirements and processes.
Proving Liability and Fault
Even when an uninsured motorist is involved, proving fault is still essential. It’s important to gather all possible evidence at the accident scene and consult with a New York car accident attorney to ensure you have a strong case for liability before filing an uninsured motorist claim.
How Meirowitz & Wasserberg Can Help If You Were Hit by an Uninsured Driver in New York
Meirowitz & Wasserberg is a plaintiff-focused law firm built on the principles of personalized client care and an aggressive litigation strategy. Over the years, our nationally recognized trial attorneys have recovered more than $500 million in settlements and verdicts for injured New Yorkers. Our legal team has the skills and experience to help accident victims navigate the complexities of uninsured motorist claims, lawsuits, and MVAIC claims to ensure victims receive the compensation they deserve.
Pursuing Legal Action Against the Uninsured Driver
Even if the driver who hit you has no insurance and few assets, an attorney can still help you pursue a lawsuit against them and attempt to work out a feasible payment plan to ensure your damages are covered.
Maximizing Compensation
With years of experience in personal injury law, Meirowitz & Wasserberg ensures that all aspects of the claim are considered, including medical bills, lost wages, pain and suffering, property damage, and future care costs.
Handling MVAIC Claims
For individuals who do not have uninsured motorist coverage, Meirowitz & Wasserberg can help file claims with the New York Motor Vehicle Accident Indemnification Corporation, guiding clients through the application and eligibility process.
Proving Fault and Establishing Liability
Proving fault in an accident with an uninsured driver can be difficult, especially if the driver disputes liability. Meirowitz & Wasserberg can assist in gathering evidence, speaking with witnesses, and handling all aspects of proving the defendant’s responsibility.
Personalized and Compassionate Approach
Meirowitz & Wasserberg’s compassionate attorneys treat each client like family, ensuring that victims of uninsured motorist accidents receive the personal attention and compassion they deserve during a difficult time.
No Fee Unless You Win
Meirowitz & Wasserberg operates on a contingency fee basis, so you don’t have to pay any legal fees unless we win your case.
What Clients Say About Us
Meirowitz & Wasserberg’s New York attorneys have successfully handled hundreds of car accident cases for injured victims in New York. Hear from some of our previous clients below.
“When working with this company, they never hesitated when I required assistance. They were very professional and always cared about their clients' demands.”
“Meirowitz & Wasserberg, LLP fights all the way through until the end. They actually care about your well-being, not just the case. Highly recommend 10/10, I wouldn’t look anywhere else.”
Consult a New York Uninsured Driver Accident Attorney Today
If you’ve been involved in a car accident with an uninsured driver, you may feel overwhelmed by physical injuries, medical bills, and other unexpected financial losses. Working with an experienced New York car accident attorney can lighten the load of figuring out how to recover compensation so you can focus on healing. At Meirowitz & Wasserberg, our award-winning trial attorneys have successfully handled hundreds of car accident lawsuits and recovered millions on behalf of our clients. To learn more about your legal options after an accident with an uninsured driver, contact us online or call 800-726-6326, extension 123.
