A Brooklyn jury awarded Mr. Vargas $17.5 million for the City of New York’s violation of his civil rights for failing to provide him medical care while in custody. The jury found that the police officers involved failed to provide the necessary medical treatment and awarded $17.5 million to Mr. Vargas.
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Navigating The Aftermath of an Accident with an Uninsured Driver
While New York requires all drivers to carry auto insurance, many drivers ignore this requirement. But no matter their reason for not complying, uninsured drivers can still cause a crash and complicate the claims process.
If you sustained injuries in an accident with an uninsured driver in New York, the team at Harris, Keenan & Goldfarb is ready to help.
New York Minimum Auto Insurance Requirements
The New York Department of Financial Services says all auto insurance policies must include the following minimum coverage amounts:
- No-Fault Coverage – All auto insurance policies must include $50,000 in no-fault Personal Injury Protection (PIP) coverage. This coverage is your first option for recovering compensation after a crash. PIP benefits cover your basic needs after a crash without having to prove that another driver caused your injuries. This coverage pays for your medical bills after a crash and 80 percent of your missed wages, up to a maximum of $2,000 per month.
- Liability Coverage – Liability coverage pays for any injuries and property damage you cause in your car or another car you drive with the owner’s permission. According to the New York DMV, the minimum liability coverage amounts are $10,000 in property damage coverage, $50,000 in injury coverage if one person sustains injuries or dies in a crash, and $100,000 in injury coverage for multiple injuries or deaths in a single accident. While these are the minimum requirements for your policy, purchasing additional coverage is a smart move if you can afford it.
- Uninsured motorist coverage – Uninsured motorist coverage pays for your medical care for your accident-related injuries from a crash with an uninsured driver. Unlike some states, New York does not allow you to decline uninsured motorist coverage. Your uninsured motorist coverage must meet the same minimum coverage amounts that you purchase for liability coverage, though you can purchase additional coverage if you wish.
How to Successfully Dispute Fault in a Car Accident
Filing an Insurance Claim After an Uninsured Motorist Accident
Since you cannot decline uninsured motorist coverage in New York, you most likely have it as part of your policy. So, if you get into a crash with an uninsured driver, you have at least one option for recovering compensation. Here’s what to do in these situations:
Steps to Take After an Accident with a Driver Who Has No Insurance
- Report the Accident: Even if the other driver does not have insurance, it’s crucial to report the accident to the police to ensure there’s an official record.
- Document Everything: Keep detailed records of the accident, your injuries, medical treatments, and any related expenses.
- Notify Your Insurance Company: Inform your insurer about the accident as soon as possible, and make sure to mention that the other driver is uninsured.
- Review Your Insurance Policy: Check your policy’s uninsured motorist coverage for more information on what it covers and your potential compensation.
- Consult an Attorney: Consult a personal injury attorney who can advise you on your rights and options when dealing with an uninsured driver.
Seeking Compensation from an Uninsured Driver
You have a few options available for recovering compensation after a crash with an uninsured driver. The first is to file a claim with your insurance company using your PIP coverage.
Next, you can use your uninsured motorist coverage. Assuming you can support your claim with a police report and other evidence, your insurer should pay for your losses up to the limits of your coverage.
Your next option is to file a personal injury lawsuit against the uninsured driver. Since they don’t have insurance, you can’t file a claim against them, but you can go after their other assets through a lawsuit. However, someone who does not have auto insurance likely does not have many available assets you could use to pay for your injuries.
Another option is to determine whether any other parties contributed to the accident and, if so, file a claim against them. For example, if the accident occurred partly because of poor road maintenance, the government entity responsible for the road’s upkeep may bear some fault for the crash. A car accident attorney can investigate your case and see if anyone aside from the uninsured driver bears responsibility for your injuries.
Finally, if you’ve exhausted both your PIP coverage and your uninsured motorist coverage and still have medical bills, you could use your health insurance to pay them.
Contact Our New York Uninsured Motorist Accident Lawyers Now
Our New York uninsured motorist accident attorneys can help you file claims with your insurance company and evaluate your other options for recovering compensation. Call Harris, Keenan & Goldfarb today at 800-PAIN-LAW or complete our contact form for a free consultation.
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Common questions that prospective clients have about personal injury claims include:
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When you have suffered an injury, it can be difficult to know what to do next. If the injury was caused by someone else’s negligence, you may be entitled to compensation. However, filing a personal injury claim can be a complex and time-consuming process. An experienced attorney can help you navigate the legal system and fight for the maximum possible compensation.
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