New York has an estimated 6.1 percent of drivers who are uninsured, according to the Insurance Information Institute (III). The fact is that there is a minimum insurance coverage amount required for all drivers in New York, so any uninsured drivers pose a threat to the recovery of themselves and others after an accident.
If you or a loved one suffered injuries in a car accident with an uninsured driver, the lawyers at Ben Crump Law, PLLC can help you navigate the uncertainty that comes with it. Do not suffer from the actions of negligent drivers. Instead, contact our offices to work with a New York uninsured car accident lawyer. Give us a call today to speak with a member of our team about your case at (844) 730-0233
Automobile Insurance Is Required in New York
New York law regarding car insurance is plain to see: All drivers in New York State must have a minimum amount of liability insurance coverage.
No-Fault Insurance Rules
New York is one of a handful of states in the United States that follow no-fault insurance rules, which require that drivers file through their own insurance policies after an accident. According to the New York Department of Financial Services (DFS), this is known as Regulation 68. This means that regardless of who is determined to be at fault for the accident, a minimum amount of compensation is available to help everyone involved recover financially. The following minimum auto insurance policy amounts are required:
- $10,000 in property damage liability per accident
- $25,000/50,000 bodily injury for one person/all passengers
Some insurance policies provide additional options for coverage in accidents with uninsured or underinsured people, but that decision is left up to individuals. Insurance for uninsured drivers can be claimed by victims of accidents for bodily injuries, but not for property damage such as car repairs, according to the New York Department of Motor Vehicles.
After any accident that results in at least $1000 of damage, any injuries or deaths, or property damage, drivers must file an accident claim within 10 days. There are certain time limits on when victims can claim uninsured motorist coverage, so it is best to consult with a legal representative for help as soon as possible. A New York uninsured car accident lawyer from the team at Ben Crump Law, PLLC can support you through this process. Contact our offices today to begin working on your case.
For a free legal consultation with a uninsured car accidents lawyer serving New York, call (844) 730-0233
Legal Options for Uninsured Accidents in New York
For victims of uninsured car accidents in New York, most litigation will revolve around the claims made for recovery compensation. After you initially file a report for a motor vehicle accident, the New York Department of Motor Vehicles will do one of two things: Send you the properly insured vehicle’s information, or notify you about a lack of insurance and take action against the driver.
Legal Consequences for Uninsured Drivers
If the New York Department of Motor vehicles determines that a car involved in an accident was not insured on that date, there may be penalties for that driver and car registrant. This may include any of the following:
- Fines up to $1,500
- Suspended or revoked driver’s license
- Vehicle impoundment
- Alter driving record, which insurance companies will access before determining insurance rates, leading to high premium costs in the future
- Possible jail time
The list of consequences above is not exhaustive of actions the state may take against uninsured drivers.
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Recovering Compensation in Accidents with Uninsured Drivers
Because New York is a no-fault insurance state, the legal options for victims of uninsured accidents may seem limited. If you do not have insurance, there are some specific ways to claim recovery compensation through a lawsuit. A lawyer will be able to simplify your options depending on the circumstances of your case.
In general, you may be able to seek additional compensation from commercial vehicles, exceptionally expensive medical costs from serious injuries, and crashes caused by other liable negligence like road maintenance, manufacturer issues, or someone whose malevolent behavior caused the accident. New York Insurance Law § 5102(d) defines “serious injury” by some specific qualifications. When you work with a lawyer to review the facts of your case, that person will be able to verify if your case qualifies for an exception to New York no-fault insurance rules. Serious injury may include any of the following conditions:
- Death
- Dismemberment or disfigurement
- Bone fractures or breaks
- Loss of a fetus
- Permanent loss of body organs, functions, or systems
- Other injuries that affect your ability to live your daily life permanently, or for a certain time dictated by New York law
Our lawyers understand the logistical and emotional difficulties that come with pursuing compensation after an accident. We can make sense of your case to pursue compensation from liable parties.
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Statute of Limitations
According to New York’s statute of limitations, you have up to three years from the date of your accident to file a lawsuit for personal injury compensation. Personal injury lawsuits are defined by civil law, and may not require you to set foot in a courtroom. However, if our lawyers cannot negotiate a settlement amount, we will fight for your rights in court. We understand that your personal case may be complicated, but we will work with you to simplify and support your needs throughout the litigation process.
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Get Legal Representation for Your Recovery
Victims of car accidents where one or more drivers did not have insurance at the time have options for seeking compensation. Even if you drove without insurance, you may have options to help pay for your expensive medical costs despite the no-fault insurance rules in New York.
When you work with the lawyers at Ben Crump Law, PLLC, you will feel supported throughout the most intense moments of your legal battle. We can handle your case, no matter how complex you perceive it to be. Introduce yourself to our team when you call our offices today. Speak with one of our representatives, and request to work with a New York uninsured car accident lawyer now: (844) 730-0233
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