Being involved in a car accident is already a stressful and disorienting experience. Finding out that the driver who caused your injuries has no insurance makes it far worse. You may be wondering whether you have any recourse, who will pay your medical bills and lost wages, and whether it is even worth pursuing a claim. The good news is that New York law provides injured victims with several legal options when the at-fault driver is uninsured. Understanding those options and acting quickly is critical to protecting your right to compensation.
If you were injured in an accident involving an uninsured driver in or around Holbrook or anywhere on Long Island, speaking with a car accident lawyer in Holbrook at Puma Law Group P.C. is one of the most important steps you can take.
Is the Other Driver Required to Have Insurance in New York?
Yes. New York State requires all registered motor vehicles to carry a minimum level of liability insurance. Despite this requirement, some drivers on the road are uninsured, whether because their policy lapsed, they never obtained coverage, or they were operating a vehicle that did not belong to them. When an uninsured driver causes an accident and injures someone, the victim does not simply lose their right to seek compensation. There are specific legal pathways available, and knowing which one applies to your situation is where an experienced car accident attorney becomes essential.
Your Own Uninsured Motorist Coverage (UM Coverage)
One of the most important protections available to New York drivers after an accident with an uninsured driver is their own uninsured motorist coverage, commonly referred to as UM coverage. In New York, insurers are required to offer UM coverage to policyholders, and many drivers carry it as part of their auto policy.
UM coverage allows you to file a claim directly with your own insurance company when the at-fault driver has no insurance. This coverage is designed to compensate you for losses you would otherwise be entitled to recover from the negligent driver, including pain and suffering, medical expenses beyond what no-fault pays, and lost wages above the no-fault threshold.
How UM Claims Work in New York
When you file a UM claim, your insurance company essentially steps into the shoes of the uninsured driver. The claim is handled through an arbitration process rather than a traditional lawsuit. Your insurer will evaluate the claim and may attempt to minimize the payout, which is why having a car accident lawyer represent you in the UM process is strongly recommended. Insurance companies, even your own, are not on your side when money is at stake.
New York No-Fault Insurance and How It Applies
New York is a no-fault insurance state. This means that regardless of who caused the accident, your own auto insurance policy’s Personal Injury Protection (PIP) coverage pays for your reasonable medical expenses and a portion of your lost earnings, up to the limits of your policy. No-fault coverage applies even when the other driver has no insurance.
However, no-fault coverage has limits. It does not cover pain and suffering, and it only covers lost wages up to a certain amount. If your injuries are serious, no-fault benefits alone are unlikely to fully compensate you for everything you have lost. This is where UM coverage and other legal avenues become critical.
What Qualifies as a Serious Injury in New York?
To pursue compensation for pain and suffering beyond what no-fault provides, New York law requires that your injuries meet the definition of a serious injury under the Insurance Law. This includes injuries such as fractures, significant disfigurement, permanent limitation of a body organ or member, significant limitation of use of a body function or system, or a medically determined injury that prevents you from performing all of your daily activities substantially for at least 90 of the 180 days following the accident. An experienced car accident attorney can evaluate whether your injuries meet this threshold and what compensation you may be entitled to pursue.
Can You Sue an Uninsured Driver Directly?
Yes, you can file a personal injury lawsuit directly against the uninsured driver. If the at-fault driver was negligent and caused your injuries, they are personally liable for the damages they caused, regardless of whether they have insurance. The practical challenge with this option is that drivers without insurance often lack the financial resources to pay a judgment. However, this is not always the case, and it is worth exploring with an attorney whether a lawsuit against the uninsured driver is a viable avenue in your specific situation.
Additionally, there may be other parties with potential liability in your accident. Depending on the circumstances, this could include the vehicle’s owner if someone other than the owner was driving, an employer if the driver was operating a vehicle for work purposes, or another third party whose negligence contributed to the accident. Identifying every possible avenue of recovery is one of the most important things a skilled personal injury attorney does for their clients.
John-Paul Puma, Esq.
- Founder and managing partner of Puma Law Group P.C.
- Specializes in personal injury cases, including car accidents.
- Recognized as a “Top 40 Civil Trial Lawyer Under 40” in New York.
Zachary M. Beriloff
- Founding partner focused on personal injury litigation.
- Skilled in overturning incorrect legal decisions.
- Fights for fair compensation despite aggressive tactics by insurance companies.
The Motor Vehicle Accident Indemnification Corporation (MVAIC)
New York has a program called the Motor Vehicle Accident Indemnification Corporation, or MVAIC, which provides compensation to accident victims who have no other source of recovery available to them. If you were injured by an uninsured driver and you do not have your own UM coverage, or if you were a pedestrian or cyclist who was struck by an uninsured or hit-and-run vehicle, you may be eligible to file a claim through MVAIC.
There are specific eligibility requirements and strict deadlines for filing an MVAIC claim, so it is important to consult with an attorney as soon as possible after your accident to determine whether this option applies to your case.
What You Should Do After an Accident With an Uninsured Driver
The steps you take in the immediate aftermath of a car accident with an uninsured driver can significantly affect the outcome of your claim. Here is what you should do:
- Call the police. Always report the accident and obtain a police report. The report will document the circumstances of the crash and the other driver’s lack of insurance.
- Seek medical attention immediately. Even if you feel your injuries are minor, get examined by a doctor right away. Delayed medical treatment can be used by insurance companies to argue that your injuries were not serious or were not caused by the accident.
- Document everything at the scene. Take photographs of all vehicles involved, the positions of the cars, road conditions, traffic signals, and any visible injuries. Collect the names and contact information of witnesses.
- Notify your own insurance company. Report the accident to your insurer promptly. Be factual but avoid giving a recorded statement until you have spoken with an attorney.
- Do not give a recorded statement to any insurance company without legal counsel. Insurance adjusters are trained to ask questions in ways that can be used to minimize or deny your claim.
- Contact a car accident attorney as soon as possible. The sooner you have legal representation, the better protected your rights will be throughout the claims process.
Why Insurance Companies Fight Uninsured Motorist Claims
UM claims are paid out by your own insurance company, and insurers treat these claims with the same adversarial approach they use against third-party claimants. They will review your medical records, looking for pre-existing conditions, challenge whether your injuries are as serious as you claim, dispute whether the accident was truly caused by the uninsured driver, and push for a low settlement. Without an attorney who understands how to build a strong UM claim and fight back against these tactics, injured victims frequently receive far less than they deserve.
At Puma Law Group P.C., we have extensive experience dealing with insurance companies that try to undervalue the claims of accident victims. We take an aggressive approach because we know that insurers are focused on protecting their bottom line, not on fairly compensating you for what you have been through.
Speak With a Car Accident Lawyer in Holbrook Today
If you or a loved one was injured by an uninsured driver in Holbrook, Ronkonkoma, Hauppauge, Bay Shore, Brentwood, or anywhere in Suffolk County, you do not have to navigate this process alone. Puma Law Group P.C. represents accident victims throughout Long Island and the five boroughs, and we are committed to fighting for the maximum compensation you are entitled to under the law. We offer free consultations and are available 24 hours a day, 7 days a week to discuss your situation.
Do not let an uninsured driver leave you holding the bill for injuries that were not your fault. Contact Puma Law Group P.C. today to speak with a car accident lawyer in Holbrook and find out exactly what your options are.