Aggressive Representation against Uninsured Drivers in New York
As New York uninsured motorist accident lawyers, we can help you rebuild your life after an accident with a road user who chose to travel without legally mandated insurance coverage.
Even though New York state law requires every driver to carry basic auto insurance, many people drive without it. When uninsured New Yorkers get involved in road accidents, they give rise to a particular set of legal challenges, as motor vehicle insurance coverage typically pays for most road accident compensation in the state.
When road users fail to play by the rules and drive without insurance, they can leave innocent victims in a terrible predicament. Injuries related to car crashes are devastating even when financial worries don’t come into the equation; you can easily become overwhelmed when you’re left to pay for your accident recovery yourself.
However, there is hope.
At Tucker Lawyers P.C., we help New Yorkers rebuild their lives after car accidents, even in cases where drivers cause collisions while uninsured.
These road accident cases are more challenging than most others. However, our experienced NYC uninsured auto accident lawyers work as a team, and they have several effective strategies for recovering compensation in disputes involving uninsured motorists.
Why Choose One of Our New York Uninsured Motorist Accident Lawyers
If you get in an accident and discover the at-fault party was uninsured, you must consult with a New York uninsured motorist accident lawyer as soon as possible. These cases present more unique challenges than the average road accident dispute, so it’s crucial that you work with someone familiar with this type of problem, rather than a lawyer with a more general background.
How Our Uninsured Motorist Accident Lawyers Can Help You
Choose to work with an uninsured motorist accident lawyer from Tucker Lawyers PC. You’ll have access to the resources and capabilities of a firm with a decades-long background in uninsured motorist claims in New York. Our New York uninsured motorist accident attorneys provide all the services you’ll need to take on the complex legal challenges associated with uninsured driver cases.
Determining Your Legal Options
First and foremost, an attorney will assess your case and help you understand your legal options. If you have uninsured motorist (UM) coverage (we discuss this in more detail below), your attorney can help you file a claim with your own insurance company. From there, your lawyer can help you to decide whether to file a lawsuit against the at-fault party.
Negotiating with Your Insurance Company
It’s no secret that insurance companies often do their best to minimize payouts. Your attorney can negotiate with your insurer on your behalf, ensuring the company doesn’t take advantage of you when processing your no-fault or UM benefits.
Pursuing a Personal Injury Lawsuit
If you don’t have UM coverage or your policy limits are insufficient to cover your damages, your attorney may recommend filing a personal injury lawsuit against the uninsured driver. This will also depend on the availability of reliable evidence that supports your story.
You should be aware that this often isn’t a viable option in uninsured driver cases. Car accident settlements typically involve large sums of money, and courts cannot force individuals with limited resources to pay money they don’t have.
Identifying Potential Third-Party Liability
In some cases, other parties (such as vehicle manufacturers, road construction companies, or roadway maintenance authorities) may be partially responsible for your accident. Depending on the circumstances, you may be able to name one of these third parties as a defendant in a lawsuit.
Negotiating With Defendants
You may associate the legal profession with judges, juries, and courtrooms. However, the best outcome for you, the client, doesn’t involve any of those things. Where possible, we’ll try to settle your case by negotiating directly with the other party to the dispute and reaching a settlement. That can be more difficult in cases involving uninsured or underinsured drivers, but it’s an option we always explore.
Navigating the Complex Legal Process
The legal process can be overwhelming, particularly when you’re recovering from an accident. An attorney will handle all the paperwork, deadlines, and legal requirements on your behalf, allowing you to focus on your recovery. They’ll also keep you informed about your case’s progress, ensuring that you understand your rights and options every step of the way.
A Special Note on Uninsured/Underinsured Motorist Coverage
Your New York auto insurance policy must legally include a special kind of coverage called uninsured motorist coverage, commonly referred to as UM Coverage.
These special provisions usually cost only a few dollars a month. They’re worth much more than that, though, if you ever get into an accident caused by an uninsured driver. In that case, your UM coverage will kick in to cover expenses related to your injuries, up to the UM policy limits.
The mandatory minimum level of uninsured motorist coverage is $25,000 for bodily injuries; there is no rule mandating UM coverage for property damage.
What Does “Uninsured” Mean?
State law in New York requires motorists to carry certain minimum levels of insurance coverage. If a driver takes to the road without the mandated minimum level of coverage, they are considered to be uninsured by law.
Liability Insurance
This coverage protects you if you’re at fault in an accident that results in injury to others or damage to their property. The minimum liability coverage limits in New York are:
- $25,000 for bodily injury per person
- $50,000 for total bodily injury per accident (if multiple people are injured)
- $10,000 for property damage per accident.
Personal Injury Protection (PIP)
New York is a “no-fault” state, which means that each driver’s insurance policy must cover their own medical expenses and lost wages, regardless of who was at fault in the accident. PIP coverage provides this protection, with a minimum required coverage of $50,000 per person.
Uninsured Motorist (UM) Coverage
Uninsured motorist coverage is also mandatory in New York. This coverage protects you if you’re involved in an accident with an uninsured driver or a hit-and-run accident. The minimum required UM coverage limits are:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury.
Talk to Experienced NYC Uninsured Auto Accident Lawyers
If you’ve been injured in a New York vehicle accident but fear the party who caused the accident might be uninsured or underinsured, please don’t give up hope. Tucker Lawyers PC may be able to help.
Contact our office to get started with a free case review today: (516) 399-2364.
Frequently Asked Questions about Uninsured and Underinsured Auto Accidents
Do I need an attorney to handle my claim?
Insurance companies employ armies of attorneys, claims specialists, and experts to win cases like yours. In order to get the compensation that you’re entitled to, you will need to hire an attorney that understands this type of law.
Can I bring a claim even if the other driver wasn’t 100% at fault?
New York law follows the pure comparative negligence rule, which states that an injured party will receive compensation for their injuries in proportion to their contribution to the accident. For example, if a jury believes that a claimant was 10% at fault, the other driver is responsible to pay 90% of the claimant’s damages.
How long do I have to bring a claim?
The statute of limitations (the time in which a claim must be brought from the date of the accident) is three years for a personal injury claim. A claim for wrongful death must be brought within two years from the date of death. However, the applicable time limit is typically much shorter if you’re suing a municipality. In any case, you should contact an attorney as soon as possible after an accident, as it’s always helpful to have as much time as possible on your side.
Do I have to pay any legal fees if I lose my case?
Our attorneys work on a contingency fee basis. If you don’t win your case, we don’t get paid.
How much is my case worth?
Payouts in car accident cases vary widely depending on the extent of the injuries, associated costs, and other factors. You’ll have to consult with an experienced attorney to learn how much you’re likely to get from a claim.
How long will it take to settle my case?
Again, every case is different in this respect. The more complex your dispute is, the longer it will take to resolve. Also, cases that go to court take significantly longer to conclude.
How will my medical bills get paid?
The insurance company covering the car you were traveling in during your accident will pay your medical bills. However, you must file a no-fault application with the company within 30 days of the accident; if you fail, you waive your right to file the claim for benefits.
Does no-fault pay for anything else?
No-fault insurance coverage will also pay for lost wages, prescription costs, transportation to and from medical appointments, and reasonable expenses for household services.
Why does my insurance company have to pay the bills if the other driver caused the accident?
No-fault insurance law in New York exists so injured parties can get the medical treatment they need even if it is unclear who caused the accident in a given situation.
Why would the insurance companies want that?
New York insurance companies agreed to the no-fault legislation because it limits injured parties’ access to the court system. The statute states that an injured person can’t proceed with a lawsuit unless they have sustained a serious injury (as defined by the legislation). This rule significantly restricts individuals’ ability to collect money for pain and suffering.
What is the legal definition of a serious injury?
A serious injury may include any of the following:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts that constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.
How will I know if my injuries will be considered serious?
Many injuries sustained in emergency vehicle accident cases become progressively worse with time. This makes it difficult to assess the full extent of their severity right away. The emergency vehicle accident attorneys at Tucker Lawyers PC recommend that you retain an attorney immediately to complete all filings to protect your rights and ensure that you receive the compensation you are entitled to.
How can I get my car fixed?
If you have collision coverage, we recommend contacting your insurance company and submitting a claim under your policy. If you don’t have collision coverage, you must file a third-party claim with the other driver’s insurance company. However, a third-party claim can take significantly longer to resolve. It can involve added complications with your insurance company, so we recommend contacting a legal professional before contacting the insurer.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]