New York Car Accident Lawyer representing injured victims of auto accidents involving uninsured motorists
According to the Insurance Information Institute’s 2012 report, 5.3 percent of New York drivers are uninsured. While this is one of the lower percentages, that still means thousands of drivers are traveling without insurance. A car accident with an uninsured driver can devastate someone physically, emotionally, and financially. New York Car Accident Lawyer of The Rybak Firm, PLLC., can guide you through the insurance claims process and advise you on whether or not you qualify to file a personal injury lawsuit.
The Basics of a Car Accident involving Uninsured Motorist in New York City
The first thing most people wonder after a car accident with an uninsured driver is how they will possibly pay for their injuries. While New York No-Fault Laws will still apply, you will also have the ability to use another type of insurance coverage.
As with any other Car Accident in New York, you will first turn to your personal injury protection (PIP) coverage; however, that $50,000 can run out pretty quickly. Fortunately, you have another option.
Understanding Your Uninsured Motorist’s Coverage
In addition to PIP coverage, every driver must purchase uninsured motorist (UM) coverage. This coverage protects drivers in the event that the other driver is uninsured or flees the scene. The minimum coverage available in $25,000 per person/$50,000 per accident.
If you purchase supplemental uninsured/underinsured motorist (SUM) coverage on top of your PIP and UM coverage, you may be eligible to use that as well. It is important to note that you must meet five criteria to be able to use your SUM coverage:
- You must provide timely notice
- You must acquire a policy limit offer
- Your bodily injury limits must exceed the other driver’s
- You must be an “insured” on the policy
- Your losses must have occurred due to the accident
For help navigating the system, consult an experienced New York Car Accident Lawyer.
Your Right to File a Personal Injury Lawsuit
New York No-Fault Laws and required UM coverage are designed to cover your expenses without the need for a claim or lawsuit against another party. However, in the event of a serious injury or death, New York Insurance Law § 5104 gives injured parties or their families a right to bring a legal case of negligence against the other driver.
A “serious injury” is any injury that results in:
- Significant disfigurement
- Permanent loss of use or limitation of a body organ, member, function, or system
If your injuries meet one of these definitions or is an injury or impairment of a non-permanent nature which prevents you from performing your daily life activities (self-care, moving about, etc.) for 90 out of the first 180 days following the accident, you have the right to bring a personal injury lawsuit.
Through a personal injury lawsuit, you may be entitled to seek not only economic damages such as medical expenses and lost wages but also damages for pain and suffering. You may also be entitled to damages for lost earning capacity and loss of enjoyment of life.
CAUTION: It is important to note that, even if you win your lawsuit, you may not recover any compensation. If the driver did not have insurance, he may not have the funds available to pay your damages.
Evidence to Prove Negligence in an Uninsured Motorist Car Accident
The fact that the motorist did not have insurance is not enough to consider them negligent and at-fault for the auto accident. You must have evidence that establishes the other party was at fault for the auto accident and your injuries. Some common types of evidence in an uninsured motorist accident case include:
- Photographs or video of the accident scene
- Medical records
- Police reports
- Witness testimony
Contact us by calling 718-307-5554 (24/7) or by submitting a ‘Contact Us’ form below to schedule a free consultation and case evaluation with a New York Car Accident Lawyer. We look into every avenue of compensation so you can concentrate on recovering from your injuries without worrying about paying your bills.
Car Accident Lawyer Near Me
Our offices are located in Brooklyn, NY. Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Accident Lawyers are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.
Our office address:
1810 Voorhies Ave
Brooklyn, NY 11235