Hit by a Driver Without Insurance
If you’re in a car accident and the other driver has no insurance, it's advisable to get legal advice from knowledgeable and experienced attorneys who can protect your interests after this type of accident. Auto insurance coverage is essential legal and financial protection for all drivers. Understanding your insurance coverage and getting proper legal representation are important steps to protect yourself.
Understanding the Impact of an Accident With an Uninsured Driver
Being involved in an accident caused by an uninsured driver in New York can create a complex legal and financial situation. New York is a no-fault insurance state, meaning your insurance will cover medical expenses and lost wages under Personal Injury Protection (PIP) regardless of who was at fault. However, if your injuries are severe, PIP may not be enough, and you may need to rely on your uninsured motorist coverage, to provide compensation for medical bills and other damages caused by the uninsured driver.
The impact can be more challenging if property damage is involved, as you may need to pursue the uninsured driver directly, which can be difficult if they lack assets. An experienced lawyer can clarify the complexities of your insurance policy and, if necessary, pursue a lawsuit to recover what you’re owed.
What Happens if I Am Hit by an Uninsured Driver?
If you’re hit by an uninsured driver in New York, and you don’t have sufficient insurance coverage for uninsured motorists, you can sue the uninsured driver directly. If you have trouble collecting because they lack assets, you can file a claim under your own policy’s Personal Injury Protection (PIP), regardless of who was at fault. A personal injury attorney can help with the complexities of your claim.
Can I Recover Compensation for Severe Injuries Caused by an Uninsured Driver?
When injuries are significant and uninsured motorist coverage isn’t sufficient, you can file a personal injury lawsuit against the uninsured driver. Collecting compensation this way can be difficult if the driver lacks personal assets. Personal injury attorneys can explore all options for compensation, including potential claims through other sources.
Why You Need a Lawyer After an Accident With an Uninsured Driver
Hiring a lawyer after a car accident where the at fault driver has no insurance is important due to the legal complexities involved. A lawyer can navigate your insurance policy and uninsured motorist coverage. Without legal representation, you may struggle with claim denials or low settlement offers from your insurance company. When you’re suing someone for a car accident without insurance, a lawyer can evaluate the driver's financial situation and represent you in negotiations or court. Legal representation ensures you're not left to bear the financial burden of the accident alone.
Can I Sue the Uninsured Driver for Damages?
You can sue an uninsured driver for damages in New York, but it can be challenging to collect compensation, especially if the driver lacks assets. You can file a personal injury lawsuit against the uninsured driver to recover compensation for pain and suffering, lost wages, and other damages and your insurance covers medical expenses through Personal Injury Protection (PIP). Suing an uninsured driver doesn't guarantee compensation, because they may have insufficient assets to cover the damages. A lawyer can help you explore uninsured motorist coverage to recover damages if the uninsured driver cannot pay.
Filing a Claim for Injury Compensation After an Uninsured Driver Accident
To file a claim for injury compensation after an accident with an uninsured driver, gather evidence. Then, file a claim under your uninsured motorist coverage with your insurance company.
Can I Sue for Pain and Suffering After an Accident With an Uninsured Driver?
To sue for pain and suffering, your injuries must meet New York's "serious injury" threshold which includes:
Significant disfigurement
Fractures
Loss of a body part or significant body function
Permanent limitation of use of a body organ or limb
Full disability for at least 90 days
If your injuries qualify under this threshold, your lawyer can file a lawsuit against the at-fault uninsured driver for non-economic damages like pain and suffering.
Proving Fault When Hit by an Uninsured Driver
To prove fault in an accident with an uninsured driver, get the police report, which provides an official account and often identifies the at-fault driver. Collect eyewitness testimony from witnesses to support your claim. Take photos or videos of the scene, vehicle damage, and conditions that contributed to the crash. Traffic law violations by the uninsured driver can establish fault. Proving fault is key to any claims you pursue.
Can a Lawyer Help Me Deal With Insurance Companies After an Uninsured Driver Accident?
A lawyer can help you deal with insurance companies after an uninsured driver accident. They can negotiate with your insurance provider to ensure you receive the compensation you're entitled to. A lawyer can also handle disputes or claim denials, and advocate on your behalf to resolve issues with your insurance company.
Common Legal Challenges in Uninsured Driver Injury Cases
Uninsured driver injury cases often involve challenges such as collecting compensation, navigating insurance disputes, proving fault, and managing legal costs.
Collecting Compensation: Uninsured drivers often lack the resources or insurance to cover damages, making it hard to recover full compensation.
Complex Insurance Claims: Victims must rely on their uninsured motorist coverage, which can lead to disputes or delays with their insurance providers.
Proving Fault: Insufficient evidence or contested liability by the uninsured driver can complicate the process of proving who is at fault.
Legal Costs: Litigation and hiring experts like accident reconstruction specialists, can be costly, especially if the driver has no assets.
Overcoming these challenges requires legal assistance to navigate claims and maximize compensation.
What if the Uninsured Driver Flees the Scene?
If an uninsured driver flees the scene of an accident, it's treated as a hit-and-run, which can complicate your ability to recover damages. Report the accident to the police immediately, providing as much information as possible about the vehicle and driver. In many cases, your uninsured motorist coverage can help cover medical expenses and property damage. Your insurance provider may offer hit-and-run coverage, depending on your policy.
How to Choose the Right Lawyer for an Uninsured Driver Injury Case
When selecting a lawyer for an uninsured driver injury case, choose one with experience involving uninsured motorist coverage. Ensure they have a strong track record and solid reputation. The lawyer should communicate clearly and personally handle your case.
Curan & Ahlers has been fighting for the rights of injury victims since 1986 and has recovered millions of dollars for our clients in automobile accident and personal injury cases. If you're suffering from a life-changing car accident injury and the other driver didn’t have insurance, we can help you with your claim and lawsuit to recover the compensation you deserve. Having your case evaluated early by Curan & Ahlers attorneys can be the key to securing a favorable outcome rather than facing a difficult and costly defeat. Reach out to us today so we can review your case at a no-cost consultation. We don’t charge any fees until we win your case.
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