While drivers in the state of New York are legally required to carry auto insurance, unfortunately 4.1 percent of drivers are uninsured. While this number may seem low at first glance, New York is a populous state, and this number represents a significant number of drivers. New York also requires drivers to carry uninsured motorist insurance, but accidents with uninsured drivers can present serious issues, especially if the victim’s injuries are severe.
Sometimes, you may need to seek the assistance of a New York uninsured motorist lawyer to receive compensation. If you have been in this type of accident, Buttafuoco & Associates can help you determine whether you have a case and how to proceed if you do. Call 1-800-NOW-HURT for a free case review.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage is insurance that protects you if you are involved in an accident with a driver who does not have insurance. It allows you to recover medical expenses, lost wages, and other damages that would normally be paid by the at-fault driver’s policy.
How Uninsured Motorist Coverage Works
After a car accident in New York, your no-fault personal injury protection (PIP) coverage will be your initial source of compensation. If you are new to the area, it may come as a surprise that the at-fault party’s insurance does not cover the initial compensation. Because New York is a no-fault state, all drivers are required to carry $50,000 in PIP benefits; they can also file a claim with a household member’s PIP benefits if their claim exceeds their PIP coverage.
If damages in an accident exceed all available PIP coverage, in most cases the victim would be entitled to file a liability claim against the at-fault driver. However, if the at-fault driver doesn’t have insurance, this can be difficult. At this point, you may be able to file a claim using your uninsured motorist (UM) coverage.
New York’s auto insurance requirements mandate that all drivers carry uninsured motorist coverage. Drivers must have a minimum of $25,000 coverage per person and $50,000 per accident for non-fatal bodily injury. They must also carry $50,000 coverage per person or $100,000 per accident for bodily injury resulting in death.
After an accident, and after utilizing available PIP benefits, victims can draw upon their UM benefits if the other driver is uninsured or left the scene of the accident in a hit and run. UM coverage essentially replaces the at-fault driver’s liability coverage, providing you with the compensation you need to cover damages, such as:
- Medical bills
- Lost wages
- Pain and suffering
In this scenario, it can be helpful to work with a New York uninsured car accident lawyer to accurately value your damages. They can also iron out any issues you have with insurers so you receive the full compensation you are entitled to.
How Supplementary Uninsured/Underinsured Motorists Coverage Works
In addition to UM, New York drivers have an additional form of insurance that can help cover hit-and-runs or accidents with uninsured drivers. Supplementary Uninsured/Underinsured Motorists coverage (SUM) is optional coverage that can increase your UM coverage up to $250,000 per person and $500,000 per accident.
SUM coverage also provides compensation in cases where the at-fault driver has insurance, but not enough to cover your damages. At this point, your SUM coverage would kick in–but it will be reduced by the amount you recover from the at-fault driver’s liability coverage.
Critical Evidence in a Car Accident with Uninsured Drivers
Immediately after an accident with an uninsured motorist, it is essential to notify police so they can complete an accident report. This is a key piece of evidence that will help you recover the compensation you are entitled to as the victim. After the accident, you should also ask the other driver to exchange insurance information. If the driver has no information to provide, you will know that you may be relying solely on your own PIP and UM coverage.
It is also important to understand that your UM coverage only covers you if an uninsured driver caused the accident. If you caused the accident, only your PIP benefits can be utilized. In order to use your UM coverage, you must provide evidence that the other party was at fault for the wreck.
As with any vehicle accident, key evidence to prove fault may include:
- Photographs or video that provide critical information regarding speed, road conditions, and vehicle positioning
- Damaged vehicles
- Eyewitnesses contact information and testimony
- Police report
- Expert witnesses
- Medical records
- And more
The New York uninsured driver attorneys Buttafuoco & Associates will investigate your accident and ensure your claim is supported by all available evidence applicable to your case. We will acquire the police report, get testimony from witnesses, and secure expert witnesses who may be of service to your case.
Connect for a Free Case Review
Our New York car accident lawyers at Buttafuoco & Associates help injured drivers make the most out of their insurance coverage options after serious car accidents, even if the at-fault driver lacks proper insurance coverage.
If you were injured by a hit and run, uninsured, or underinsured driver, call 1-800-NOW-HURT to set up a free consultation about your case.