Discovering that the driver who hit you has no insurance can make an already difficult accident more stressful. In this article, we discuss…
Yes, New York requires drivers to carry automobile liability insurance. Unfortunately, some drivers operate vehicles without the required coverage. When one of those drivers causes an accident, the injured person cannot pursue a claim through the at-fault driver’s liability insurer in the usual way.
New York has a program called the Motor Vehicle Accident Indemnification Corporation (MVAIC), which is intended to provide financial protection for qualifying people injured in accidents involving uninsured drivers.
The coverage amounts discussed in these situations include $25,000 per person and $50,000 per accident. For example, if you and a passenger are injured by an uninsured driver, MVAIC may provide a source of compensation.
Start by contacting the police and gathering as much information as possible. Generally speaking, drivers who know they are uninsured often do not want to cooperate after an accident. If their vehicle is still operable, some may attempt to leave the scene. That makes it especially important to document the accident and identify the driver while you can.
You should also review the insurance coverage available to you. Depending on your circumstances, an uninsured motorist claim or MVAIC claim may provide a way to seek compensation. These claims differ from ordinary liability claims because there is no insurance company representing the at-fault driver.
Winning a lawsuit against an uninsured driver doesn't necessarily mean you'll recover any money. Peter M. Hobaica, Esq of Hobaica Law Office in New York knows this firsthand. He has pursued lawsuits against uninsured drivers who had no meaningful assets, leaving nothing to collect despite the legal action. He understands why pursuing the driver personally isn't always the best option and why other sources of compensation deserve consideration.
If you've been injured by an uninsured driver, contact Hobaica Law Office to discuss your options before deciding how to pursue your claim.
Yes, you may have options through available uninsured motorist coverage, MVAIC, or a lawsuit against the driver who caused the accident. However, filing a lawsuit and collecting compensation are not necessarily the same thing.
You can file a lawsuit against an uninsured driver, but whether you recover anything may depend on their financial circumstances. If the driver has no assets, even a successful lawsuit may leave you with nothing. I’ve encountered this in my own practice. We pursued a lawsuit against an uninsured driver who had an old, uninspected vehicle and no assets to speak of. Ultimately, there was nothing to recover.
If the driver has assets, a lawsuit may be worth pursuing. If not, available insurance coverage or MVAIC may be more significant to your recovery.
The first thing I recommend is getting the police involved. Ask the responding officer to prepare an accident report, and record the officer’s name and badge number. You should also try to preserve:
Vehicle identification: The vehicle identification number (VIN), which can generally be found near the windshield or on the driver’s side door jamb.
Most people have a phone available after a collision. Use it to document as much as possible.
Photographs and videos can be especially useful when an insurance adjuster later evaluates the damage and circumstances of the accident.
If the other driver refuses to cooperate or leaves the scene, the information you collected may become all the more important.
One mistake is assuming that your own insurance company will automatically accept your claim because the other driver had no insurance.
You need to understand the coverage available under your policy. When you pursue an uninsured motorist claim, your insurer effectively steps into the position of the other driver’s insurance company. That means your own insurer may take a position against your claim. It can feel unusual to have your insurance company challenging you, but that is how these claims can work.
Another mistake is failing to document the accident. A police report, driver information, photographs, and witness statements can all help support your account of what happened. Even when the other driver cannot be located, MVAIC may offer a potential avenue for compensation in qualifying circumstances.
The important thing is to identify the coverage available and preserve the evidence needed to support your claim.
For more information on drivers who have no insurance in New York accidents, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (315) 201-5653 / (607) 200-5487 today.
Winning a lawsuit against an uninsured driver doesn't necessarily mean you'll recover any money. Peter M. Hobaica, Esq of Hobaica Law Office in New York knows this firsthand. He has pursued lawsuits against uninsured drivers who had no meaningful assets, leaving nothing to collect despite the legal action. He understands why pursuing the driver personally isn't always the best option and why other sources of compensation deserve consideration.
If you've been injured by an uninsured driver, contact Hobaica Law Office to discuss your options before deciding how to pursue your claim.
