It is a legal requirement for every driver to have car insurance in the state of New York. It is however frightening how many people simply do not have even minimum liability car insurance. You will definitely want to contact an uninsured motorist accident lawyer. If you have been in an accident with a driver who is not insured, you may struggle to get money out of them to cover the cost of damages to your vehicle, medical expenses, and other losses.
It is recommended to hire a lawyer to assist you in claiming as much compensation as possible from the uninsured driver. A lawyer will provide you with the following services:
- Assess your case to determine liability, what you can claim for and how much you can claim.
- Negotiate a settlement with the uninsured driver.
- Take the case to court if the uninsured driver does not want to settle.
Contact Buffalo Car Accident Lawyers at (716) 261-2614 to find out more about how we can help you recover your losses after you have been in an accident with an uninsured driver. Our Tonawanda auto accident attorneys have the requisite experience in handling accident claims with uninsured drivers.
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What Are Minimum Car Insurance Requirements For Drivers In New York?
Every driver in New York is required to have minimum liability insurance. The minimum refers to the maximum amount an insurance company will payout in the event of an accident. The limits in the state of New York are as follows:
- $10,000 for 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
Any costs that exceed these limits will need to be paid by the insurance policyholder. Insurance policies that have higher limits cost more. However, in most cases, minimum liability insurance is more than sufficient to cover the damages resulting from an average car accident.
What Should You Do If You Are Hit By An Uninsured Driver?
After you have been in an accident, one of the first steps you must take is to exchange contact, insurance, and driver’s license information with the other driver involved in the accident. If you find that the other driver is uninsured, it is best not to say anything directly to them but rather call an uninsured motorist accident lawyer as soon as possible.
Who Pays For A Personal Injury Claim If The Driver At Fault Is Uninsured?
The driver who was responsible for causing the accident will be held personally liable for paying for a personal injury claim. New York practices 100% comparative fault law which means that degrees of fault can be assigned to each driver involved in the accident. If you are found to be partially responsible for the accident, you will only receive partial compensation.
For example, if you are found to be 40% at fault for causing the accident, the uninsured driver will only need to pay 60% of the compensation that is awarded to you.
However, in most cases, the driver will not have the money to pay for the damage to your car, medical expenses, and other losses that you have incurred. In this event, a lawyer can help work out a payment plan with the uninsured driver to pay you a specific amount that they can afford every week or month.
Alternatively, a lien can be placed on a house (or another valuable asset that the uninsured driver owns) by a court of law. If the house or asset is sold, you will be first in line to receive funds from the sale amount in the amount of compensation that was awarded to you.
If you have uninsured driver protection as part of your own car insurance policy, your own insurance company will pay for damages and injuries that you sustained within the defined limits of the policy. Should the costs exceed these limits, the uninsured driver will be responsible for paying the remainder of the compensation that you are awarded. It is highly recommended to have an uninsured driver policy in Tonawanda, New York.
Your uninsured motorist accident lawyer can assist you in getting your own insurance company to pay out on your uninsured driver’s policy should they deny your claim for any reason.
How Long Do I Have to File a Claim In New York?
The statute of limitation for filing a personal injury claim in the state of New York is 3 years. This means that you have exactly 3 years from the date of your accident with an uninsured driver to file your claim for compensation. It is however recommended to file the lawsuit as soon as possible after the crash. Your uninsured motorist accident lawyer will take care of the filing process for you.
How Much Will An Uninsured Motorist Accident Lawyer Cost?
Buffalo Car Accident Lawyers work on a contingency basis. This means that there are no upfront costs for a consultation or a retainer. Our fees are entirely contingent or dependent on winning your case. If we fail to get you any compensation, then we don’t get paid. When we do win your case, we will charge a small percentage of the full amount of compensation that was awarded to you.
Working on a contingency basis means that you don’t require any money for us to start working on your case and file a claim for compensation against the uninsured driver. It also means that we will work much harder to win your case and get you the largest settlement or amount of compensation awarded by a court.
Contact an Uninsured Motorist Accident Lawyer to Schedule an Appointment
It is your right to recover any losses that resulted from a car accident whether the driver was insured or not. The expert car accident lawyers at Buffalo Car Accident Lawyers are willing to go the extra mile to ensure that you receive the compensation that you deserve.
If you or a loved one have been a victim of a car accident with an uninsured driver, simply give us a call on (716) 261-2614 to schedule an appointment for your free consultation with one of our top car accident lawyers.