Can I Sue an Uninsured Driver After a Car Accident in New York?

Drivers in New York are required to carry auto insurance.  Those who fail to purchase auto insurance may face serious penalties after being involved in an accident.  Still, numerous car accidents occur each day in New York involving uninsured drivers.  Motorists may wonder if they can sue a negligent driver for damages related to their accident.

New York is a no-fault car insurance state, meaning that claims for damages must typically be made with your own insurance company.  However, you may step outside of no-fault rules and bring a claim against a negligent driver if you suffered serious injuries because of an accident.  Furthermore, claims for property damages may also be made against at-fault drivers.

If you have been injured because of a car accident involving an uninsured motorist, seek assistance from experienced White Plains car accident lawyers by calling The Martello Law Firm at (914) 685-6950 for a free case review.

Can You Sue an Uninsured Driver After a Car Accident in NY?

No, you will not be able to sue an uninsured motorist after a car accident in New York in most cases. Victims generally must file claims under their own uninsured motorist policies.  Our New York car accident lawyers can help sue your insurance company if they improperly denied your claim.

Victims who suffered serious injuries may bring claims for both economic and non-economic damages against at-fault drivers.  The following types injuries constitute serious injuries under New York law:

  • Significant disfigurement
  • Bone fractures
  • Permanent limitation of use of a body organ or member
  • Significant limitation f use of a body function or system
  • Substantially full disability for 90 days

However, uninsured drivers often lack the resources to pay for injuries related to an accident.  In some cases, bringing a claim against an uninsured driver may be useless, even after suffering serious injuries.  Our New Rochelle car accident lawyers can help determine if pursuing a claim against an uninsured driver is a good idea in your case.

Lastly, you may bring claims for property damages against at-fault, uninsured drivers.  Claims for property damages are not governed by New York’s no-fault rules.

Does New York Require Auto Liability Insurance Requirements?

Yes, New York law requires that you have auto liability insurance coverage.  Some drivers may question what kind of insurance they need.  According to the New York Department of Motor Vehicles, the following are minimum amounts of liability coverage drivers must carry:

  • $10,000 for property damage for a single accident
  • $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

Your insurance must remain in effect while your registration is valid, with some exceptions existing for motorcycles.  Furthermore, drivers in New York are required to display a decal on their vehicles that shows they have insurance.  Traffic officers are trained to pull over vehicles that do not show the required decal.

Potential Penalties for Uninsured Drivers in New York

If you were driving uninsured in New York, you may also face legal consequences for driving without insurance.  There can be penalties for both the driver and car registrant if a car was involved in a car accident and was not insured on the date of the crash.  The State of New York may take the following actions against uninsured drivers:

  • Fines in amounts up to $1,500
  • Revoked or suspended driver’s license
  • Impoundment of vehicle at issue
  • Possible jail time

Furthermore, driving without insurance will result in a negative mark on your driving record that can lead to increased premium costs for insurance in the future.  Motorists in New York should be aware of the risks that accompany driving without insurance.

What to Do After You Get Into a Car Accident with an Uninsured Driver in New York

There are certain steps you can take that will protect your interests if you decide to sue an uninsured driver after a car accident.  First, you should remain at the scene of a crash and call 911.  A police officer should draft an accident report documenting the circumstances of a crash.  Accident reports can help our New York car accident lawyers prove that a driver was acting negligently.

Furthermore, you should exchange contact information with the other, uninsured driver.  This should include their name, address, phone number, and license plate number.  Such information can be valuable when building your case.

Additionally, you should take photos and videos of the accident scene if possible.  Photos and videos can be used to prove conditions that may or may not have contributed to a crash.  Furthermore, photos can be used to establish property damage that was incurred because of an accident.

Lastly, you should contact our experienced Mount Vernon car accident lawyers for help after suffering an accident involving an uninsured driver.  Our team can help refer you to proper medical treatment and evaluate the legal remedies available to you.

If You Were Injured in a Car Accident with an Uninsured Driver in New York, Our Lawyers Can Help

If you were injured in a car accident and the other driver did not have auto insurance at the time of the crash, you may still be entitled to compensation.  Get help with your claim by calling The Martello Law Firm at (914) 685-6950 for a free case review.

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