There is a checklist of things you should do when you are in a car accident, one of them is collecting the insurance information of the other driver or drivers involved in the accident. But what happens if they don’t have insurance or are the victim of a hit-and-run accident? If that happens, you also need to know what to do, what your rights are, and how to protect yourself legally and financially.
No-Fault Insurance System
New York State follows a no-fault insurance system, meaning that if you are involved in an accident, you turn to the insurance policy for the vehicle you are operating or a passenger in for medical coverage and lost wages after an accident, regardless of who was at fault. No-fault ensures that medical expenses and lost wages are covered quickly. Your no-fault benefits are not affected if you are in an accident with an uninsured vehicle. However, you cannot pursue a financial recovery for pain and suffering and future lost wages unless you have Uninsured Motorist coverage.
Uninsured Motorist Coverage (UM) in New York
New York law requires that all drivers carry Uninsured Motorist (UM) coverage as part of their auto insurance policy. This coverage helps protect you when the at-fault driver has no insurance or you are in a hit-and-run accident. If you have UM coverage, you can file a claim with your insurance company to receive compensation for your pain and suffering and future lost wages. Make sure you have adequate uninsured/underinsured motorist coverage on your auto insurance policy. Consider higher policy limits to ensure you’re fully protected in case of a serious accident.
Can You Sue an Uninsured Driver?
While you have the right to sue an uninsured driver for damages, collecting compensation can be difficult. Uninsured drivers often lack the financial resources to cover damages, so having uninsured motorist coverage is crucial. We can help determine whether pursuing a lawsuit is viable or if there are other legal options to explore.
Steps to Take After an Accident with an Uninsured Driver
If you are involved in an accident with an uninsured driver in New York, you still should follow these steps:
Call 911 – Report the accident immediately and request medical assistance if needed. Remember, in New York City, the police won’t respond unless you need medical attention. You will need to file the police report on your own. This is extremely important if you are the victim of a hit-and-run accident. If you fail to report the accident to the police within 24 hours and there is no physical contact with the other vehicle, you will be unable to make a UM Claim.
Gather Information – Collect the other driver’s name, contact information, and vehicle details, even if they don’t have insurance.
Document the Scene – Take photos of the accident, vehicle damage, and any visible injuries.
Get Witness Statements – Get contact information for any witnesses at the scene.
Notify Your Insurance Company – Inform your insurance provider about the accident immediately and discuss filing a UM claim.
Call Us – We will help you deal with an uninsured motorist or any other accident-related issue.
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