In order to ensure that you are able to recover your losses from an accident with an uninsured driver, you need to call an uninsured motorist accident lawyer at Buffalo Car Accident Lawyers for assistance. We understand how traumatic a car accident can be, the financial strain it can cause, and what it takes to recover from injuries after a car accident. Let our North Tonawanda car accident lawyers help you ensure that you get the compensation you deserve from an uninsured driver and allow you to focus on recovering from the trauma of the accident and your injuries.
Statistically, 1 in 7 drivers don’t have car insurance in the state of New York. This means that if you are in an accident, you have a 1 in 7 chance of not being able to recover the cost of repairs to your vehicle, medical expenses, and other costs that resulted from the collision with an uninsured driver.
The fact is that most uninsured drivers don’t have insurance because they simply cannot afford to pay for it. If they cannot afford to pay for insurance, they won’t be able to pay for the damage and injuries that they caused.
Table of Contents
Insurance Requirements For Drivers In New York?
Every driver in the state of New York is legally required to have minimum liability insurance. Liability refers to the responsibility to pay a third party (the injured person in the accident) if you were at fault in causing the accident. The minimum requirements refer to the lowest amount of coverage that you can have in your insurance policy.
The legal limits for liability insurance in the state of New York are as follows:
- $10,000 for damage caused to property in a single accident
- $25,000 for bodily injuries sustained in a car accident where one person was injured
- $50,000 for the death of one person resulting from the car accident
- $50,000 for bodily injuries sustained by two or more people in the car accident
- $100,000 for the death of two or more people resulting from the car accident
If you have minimum liability insurance, these are the maximum amounts that your insurance will cover in the event that you caused an accident. Should the amount be insufficient to cover the cost of a claim against you, you will need to pay the difference out of pocket. However, these minimum limits are sufficient to cover the average cost of damages that arise from a car accident.
What Should You Do if You Are Hit By An Uninsured Driver?
There are certain steps that you should take after an accident whether the other driver was insured or not:
Check yourself and the other people involved in the accident for injuries and call emergency medical services and the police if necessary. If you aren’t seriously injured, take photos of the scene of the accident, your injuries, and anything else that may be pertinent. Ask someone else to do this if you are unable. Get contact information from anyone at the scene who witnessed the accident.
Get checked by a doctor as soon as possible if you have not been to a hospital or emergency room. Not all injuries may be immediately visible and a check-up may reveal a hidden injury. Don’t say anything to anyone at the scene that may implicate you as being at fault in causing the accident. Don’t apologize to other injured parties as this can be misconstrued as an admission of guilt. Exchange contact details, license, and registration as well as insurance information with the other driver. It is at this point that you will probably find out that the other driver is uninsured. Don’t get into an argument with them.
Make a statement to the police at the scene or report the accident to a police station as soon as possible (within 72 hours). Keep all medical bills, doctor’s notes, and any other information that may prove your injuries and the losses that you incurred. Call an uninsured motorist accident lawyer to find out what you should do next, assess your case and start the process of filing your personal injury claim for compensation.
Who Will Pay For A Car Accident Claim If The At-Fault Driver Is Uninsured?
The driver who is at fault is personally responsible for paying a personal injury claim if they don’t have car insurance. In the event that they cannot afford to pay, arrangements can be made to settle the amount in monthly installments that they can afford. Alternatively, if they are homeowners, a lien can be placed on the house. If the house is sold, you will receive the amount of your claim from the proceeds of the sale first and foremost.
If you have uninsured drivers insurance, then your own insurance company will pay for repairs to your vehicle, medical expenses, and in some cases other losses depending on what is covered by the policy. You will be required to pay a deductible. However, you can claim the amount of the deductible from the uninsured driver. If your insurance is insufficient to cover all your losses, you can file a personal injury claim against the uninsured driver who will be personally liable for paying the difference.
How Long Do I Have to File A Claim in New York?
The statute of limitations for personal injury claims resulting from a car accident is 3 years in the state of New York. What this means is that you have exactly 3 years from the date of the accident to file your claim. If this period of time expires, you will no longer be able to claim compensation for your losses.
How Much Will An Uninsured Motorist Accident Lawyer Cost?
Buffalo Car Accident Lawyers provide their legal services on a contingency basis. This means that getting paid for representing you is entirely contingent or dependent on us winning your case. If we lose, we don’t get paid. When we win, we will charge you a small percentage of the total compensation that you receive in a settlement or are awarded in a court of law.
If you have been the victim of a car accident where an uninsured driver is at fault, you need an uninsured motorist accident lawyer to help ensure that you are able to recover the losses that you incurred. Whether you need to make repairs to your car, have medical expenses, or have experienced other losses, we will do our utmost to ensure that you receive the compensation that you deserve from the uninsured driver. Give us a call today to schedule a free consultation so that we can assess your case and get started on filing your claim for compensation.