Photo by Alexander Schimmeck on Unsplash
Being involved in a car accident in New York City can be terrifying – but especially when the other driver you collided with does not have car insurance. If you find yourself in this situation – whether you are the insured driver or the uninsured one – Shalom Law, PLLC can help! Give our experienced personal injury attorneys a call today for a free initial case assessment to discuss your rights and your options.
The Good News: New York Requires Auto Insurance
In order to register your motor vehicle in the state of New York, you must have state-issued automobile liability insurance coverage. The N.Y. Department of Motor Vehicles requires the following minimum amounts of liability coverage:
- $25,000 for bodily injury and $50,000 for death for a person involved in an accident
- $50,000 for bodily injury and $100,000 for death for two or more people in an accident
- $10,000 for property damage for a single accident.
The state of New York also requires all auto insurance policies to include uninsured motorist (UM) coverage for bodily injury, subject to the same minimums. However, UM coverage only pays for losses after the at-fault driver’s insurance, if they have any, is exhausted. Luckily, if you are hit by an uninsured motorist, your UM coverage will provide benefits to you, the policyholder, if you or a passenger in your car is injured in a car accident caused by someone who does not have car insurance, or even just has too little insurance. Your UM coverage also protects you if you are injured in a hit-and-run accident where the individual who hit you is never found or identified.
Thanks to all of these requirements, New York State has one of the nation’s lowest rates of uninsured motorists, weighing in at just 5.3% of our state’s residents, behind only two other states: Maine and Massachusetts. Unfortunately, however, that small percentage still means there are thousands of uninsured motorists driving around with you on the roads of New York.
The Bad News: It is still not unlikely to be hit by someone who does not have liability insurance – or has too little insurance – here in New York.
Unfortunately, even drivers carrying the minimum amount of liability insurance required by the state of New York may not have enough insurance to cover the full amount of injuries they cause in a serious accident.
If you or one of your passengers is injured by a motorist who does not have sufficient liability insurance coverage, the amount available for you to recover from insurance may not compensate you for all of your injuries. This is because the amount you may recover will vary depending on the amount of liability insurance the at-fault motorist has, as well as the limits of your own UM coverage.
When you have UM coverage, there is a good possibility that your own insurance company will cover costs you incurred after being hit by an underinsured motorist, but it may raise your policy, which is of no relief to you. Thus, if you have been hit by an uninsured or underinsured motorist, it is especially important for you to contact a personal injury attorney.
The GREAT News: The Personal Injury Attorneys at Shalom Law are Here to Help
It is important for you to protect your rights after any car accident. This, of course, first means you should immediately report the accident to police and obtain any necessary medical assistance if you or others have been injured. After this, you need to contact your own insurance company as soon as possible, especially if you have been hit by an uninsured motorist. Next, you should focus on obtaining and holding onto any evidence that supports a potential claim. This evidence is vital for obtaining proper relief, especially for UM claims. This means obtaining the following as soon as possible:
- Photos of the crash scene. This can be hard to think of when you’re caught up in the heat of an accident, but try to remind yourself or others at the scene to take pictures of the scene. This includes damage to vehicles and debris, and any visible injuries you or others have. (Although UM coverage does not include compensation for property damage, evidence of the accident scene itself will still be very important for pursuing a claim.)
- A copy of your police report. When law enforcement responds to the scene of the accident, make sure you directly ask how to obtain a copy of the police accident report, and then get one as soon as you can.
- Medical records. If you require emergency medical attention for your injuries, be sure to ask for a copy of the doctor’s report documenting your injuries. If you do not require emergency care immediately after an accident, see a doctor as soon as possible, and, again, get a copy of the doctor’s assessment.
- Records and Receipts. It will be very important to preserve all receipts you receive after your accident that document the vehicle repair costs and medical expenses connected to your accident, including any medical examinations, treatment, prescriptions, over-the-counter medication, or rehabilitative therapy you undergo.
This evidence will help you substantiate your claim for losses in the event that your insurance company tries to deny a UM claim or avoid paying you the full amount of compensation you deserve.
Finally, call an experienced Personal Injury Lawyer. The last thing you need after going through a terrible car accident is to be jerked around by an insurance company. Luckily, the attorneys at Shalom Law, PLLC know how to navigate these tricky companies and are here to fight them for you to ensure your rights are protected and you get the compensation you deserve. The Attorneys at Shalom Law, PLLC can help make your road to recovery as stress-free as possible. Call us today for a free consultation: (718) 917-9474.
SHALOM LAW, PLLC.
105-13 Metropolitan Avenue
New York 11375
(718) 971-9474
www.shalomlawny.com
