What to Do If I Was Hit by an Uninsured Driver in New York?

Being hit by an uninsured driver in New York doesn't mean you're out of options for compensation. While these situations add complexity to your recovery process, several paths exist to cover your medical expenses and property damage. The key lies in knowing which coverage options apply to your case and how to access them effectively.

At Fellows Hymowitz Rice, we know the unique challenges these cases present. Our car accident attorneys in New City, NY work diligently to help victims of uninsured driver accidents access every available source of compensation for their injuries. Let us explain your rights and options when dealing with an uninsured driver in New York, starting with the basic insurance requirements every driver should maintain.

Required Insurance Coverage in New York

New York law requires all drivers to carry minimum auto insurance coverage to legally operate a vehicle. Under Vehicle and Traffic Law § 311, all drivers must maintain liability coverage of $25,000 per person and $50,000 per accident for bodily injury, along with $10,000 for property damage.

The law also mandates Personal Injury Protection (PIP) coverage of $50,000 for the payment of your medical bills and lost wages. Also required is uninsured motorist coverage matching the liability limits, which becomes crucial whether you're hit as a pedestrian or hit as a driver by another driver who was distracted by their phone.

Despite these requirements, many drivers ignore the law or let their car insurance lapse, leaving victims to face challenging claim situations. Your own auto insurance coverage becomes particularly valuable in these cases.

Immediate Steps After an Uninsured Driver Collision

When you discover the at-fault driver lacks insurance coverage, your actions in the following hours and days can significantly impact your ability to receive compensation. Here's what you need to do:

Prioritize Your Medical Care

Your health comes first after any collision. Seeking prompt medical attention not only protects your well-being but also creates a clear record of your injuries. Visit a doctor immediately, even if you feel fine initially. They'll assess your condition, recommend appropriate treatment, and document any bodily injury for your claim.

Gather Evidence at the Scene

If your injuries allow, collect vital information while still at the accident location:

• Collect the uninsured driver's contact information and license details.
• Take photos of all vehicle damage from multiple angles.
• Get contact information from any witnesses.
• Call the police and obtain an accident report.
• Note any surveillance cameras in the area.
• Record road conditions and weather factors.

Contact Your Insurance Company

Report the accident to your insurance provider promptly. Explain that you've been hit by an uninsured driver and ask about your uninsured motorist coverage options. Having your policy information ready during this call helps streamline the process and ensures you know what coverage applies to your situation.

Seek Legal Guidance

Contact a car accident attorney before discussing details with any insurance company representatives. A lawyer can review your coverage options, protect your rights during the claims process, and help identify all potential sources of compensation for your injuries. Don’t give a recorded statement to any insurance adjuster or investigator without first having one of our New York uninsured accident lawyers present.

Our Proven Strategies for Winning Compensation

After being hit by an uninsured driver in New York, you have several paths to compensation. While the situation might seem overwhelming, understanding your coverage options helps you make informed decisions about your claim. Let's examine how you can recover damages for your injuries and property damage.

Accessing Personal Injury Protection

New York's unique insurance system ensures you have immediate access to medical care through personal injury protection (PIP). This coverage works independently of the other driver's insurance status and can help stabilize your financial situation while pursuing additional compensation:

• Covers initial medical bills up to $50,000
• Provides partial lost wage replacement
• Pays for necessary transportation costs
• Includes household assistance expenses
• Applies immediately after the accident

Filing an Uninsured Motorist Claim

Most New York drivers don't realize their own auto insurance policy includes protection against uninsured drivers. Your uninsured motorist coverage provides a valuable safety net in multiple scenarios — from dealing with completely uninsured drivers to hit-and-run accidents where the driver flees the scene. This coverage also applies when facing out-of-state uninsured drivers, situations where the other driver's insurance has lapsed, or even when your damages exceed the at-fault driver's coverage limits.

This coverage helps pay for:

• Medical expenses beyond PIP limits
• Vehicle repairs and property damage
• Lost wages compensation
• Additional accident-related costs
• Pain and suffering damages
• Matches your liability coverage limits

Pursuing a Car Accident Lawsuit in New York

When insurance claims don't fully cover your losses, you can pursue additional compensation after a car accident through the legal system. A personal injury claim typically serves as your first step, working with insurance companies to negotiate a fair settlement for your injuries, property damage, and other losses. This process often secures compensation faster than litigation while covering your basic needs.

However, in cases involving serious and catastrophic injuries like spinal damage, brain trauma, or permanent disabilities, filing a personal injury lawsuit might better serve your interests. Lawsuits allow you to pursue compensation beyond basic coverage limits, including:

• Full medical expenses without policy restrictions
• Complete lost income and future earnings
• Pain and suffering damages
• Long-term care costs
• Property damage beyond basic repairs
• Family members impact claims

Even when dealing with an uninsured driver, legal action can prove valuable if they have personal assets or if other parties share responsibility for the crash. Additionally, filing a lawsuit often motivates insurance companies to offer higher settlements during the claim process.

Getting the most from these compensation sources often requires coordinating multiple claims and meeting specific deadlines. Our experienced auto accident attorneys can help you understand which options best fit your situation while ensuring you don't miss out on available coverage.

Benefits of Skilled Legal Representation

After a collision with an uninsured driver, our car accident attorneys provide valuable support by managing every aspect of your claim. Here's how dedicated legal representation helps maximize your compensation:

• Complete claims management: Our skilled attorneys handle all aspects of your insurance claims process from start to finish, filing necessary documentation, identifying all potential coverage sources, meeting crucial deadlines, and ensuring every required form and piece of evidence is properly submitted. They'll track your claim's progress while you focus on recovery.
• Thorough evidence collection: Your attorney builds a strong case by gathering and preserving all available evidence, from police reports and medical records to witness statements and surveillance footage. They'll document all aspects of the accident and your injuries, creating a comprehensive record that supports your claim for maximum compensation.
• Strategic negotiations: With deep knowledge of insurance company tactics, our knowledgeable and skilled attorneys serve as your advocate during settlement discussions. They'll calculate the true value of your claim, present compelling evidence, counter lowball offers, and fight for your interests at every step, ensuring you don't settle for less than you deserve.
• Complex case coordination: Dealing with multiple insurance policies, medical providers, and claim procedures requires careful coordination. Your attorney manages these intricate relationships, ensuring proper communication between all parties while protecting your rights throughout the process.

Getting the most from your uninsured driver claim often requires this level of detailed attention and legal experience. Our attorneys’ involvement helps prevent common pitfalls while maximizing your chances for full compensation.

Our legal team has helped thousands of individuals and families get their lives back on track. We know how insurance companies operate, and we're prepared to fight for the compensation you deserve. Our dedication has resulted in millions of dollars recovered for seriously injured clients across New York State.

Let Our Experience Work for You. Call Today.

Getting hit by an uninsured driver might feel like a dead end, but New York's insurance system offers multiple backup plans specifically designed for these situations. From uninsured motorist protection to personal injury claims, you have tools available to help rebuild and move forward.

Fellows Hymowitz Rice transforms these complex insurance situations into clear action plans. Our car accident attorney team in New York knows exactly how and when to use each coverage type to your advantage. Contact us today to learn what options your specific situation offers!