WHAT HAPPENS IF I AM INJURED BY AN UNINSURED DRIVER?

Handling Collisions With Uninsured Drivers

When involved in a collision, you never anticipate the at-fault driver will be uninsured — especially not in New York, which has one of the lowest uninsured rates in the country. Since liability insurance is designed to protect the other driver in an accident, suffering from injuries or worse due to a collision with an uninsured driver can leave you feeling helpless, to say the least.

Fortunately, New York State has policies implemented that ensure you are protected following a collision with an uninsured motorist.

UM Coverage Is Required In New York

New York is considered a "no-fault" state, meaning damages may be paid by the injured person's insurance carrier regardless of who is at fault for the accident. Because of this, the state requires each motorist to carry a minimum of $25,000 in supplementary uninsured motorist (UM) coverage.

This policy can only be used for bodily injury and may cover your entire family. However, it cannot be used for any property damages that may have occurred, either to your vehicle or other property.

How This Applies in Other Motor Vehicle Accident Cases

In hit-and-run cases, regardless of whether you can find the at-fault driver, uninsured motorist coverage still applies. This means that when you go to file a claim with your insurance carrier, you can do so under your UM policy. According to the Departamento de Servicios Financieros del Estado de Nueva York, this coverage also extends to:

• A member of your family becoming injured in an unknowingly uninsured vehicle.
• Being injured as a pedestrian by an uninsured driver or in a hit and run accident.

However, this coverage does not entirely supersede the responsibilities that each driver has to avoid negligent action behind the wheel. You may still be able to pursue a personal injury claim against the driver who caused the accident.

Davidoff Law Can Help

Our Queens-based firm is dedicated to helping injured victims hold negligent individuals responsible for causing collisions. When involved in an accident that results in serious injury, we are here to help.