Managing Partner
Anyone who has ever been in a car crash knows they can turn to the at-fault driver’s insurance and file a claim for their losses. But what happens if the driver has no insurance? Even though around 90-95% of New York drivers are estimated to have insurance coverage, there’s a chance you will run into (literally) someone in the 5-10% who does not.
Knowing which steps to take next can help you win the compensation you need for medical bills, lost wages, property damage, and more. If you have been in an accident with an uninsured motorist, count on the Long Island personal injury law firm of Dell & Dean PLLC.
Steps to Take Right After the Crash
The decisions you make immediately after being in an accident with an uninsured driver will affect your legal rights and financial interests. We suggest doing the following:
- Call 911 and ask for police: Immediately after the crash, you likely won’t know whether the at-fault driver has insurance. This is why you need to call 911 and ask for police in Long Island to come write an accident report.
- Seek medical attention: Whether you believe you were seriously injured or not, seek immediate medical attention for yourself and your passengers. You may need an ambulance, but at the very least you should see your doctor as soon as you can.
- Start gathering evidence: Take pictures and record videos of the accident scene, including the license plate of the at-fault driver’s vehicle. Also ask any witnesses what they saw and get their names and contact information.
- Report the driver if they flee: Notify the police if the driver flees (do not attempt to chase the person down) and tell officers anything you can remember about the driver’s identity. Make a note if there are any cameras in the area that may have captured the crash.
- Hire a Long Island personal injury lawyer: Your attorney can work with police to try to locate the driver if possible. Regardless, your attorney can help you pursue a number of different options for covering your losses.
Compensation Options in Uninsured Accident Cases
You may need to file a claim or lawsuit, based on the facts in your case. But it’s important to retain legal counsel to assist with this process and handle communications with the insurance companies. These are some coverage options you may have:
- File an uninsured motorist claim with your insurer: New York drivers must have uninsured motorist (UM) coverage for these types of accidents, and we can help you file a claim. UM can cover losses if the at-fault driver fled the scene or doesn’t have the state-mandated minimum amount of insurance coverage.
- File a Personal Injury Protection (PIP) claim with your insurer: PIP coverage is also required for drivers in Long Island and elsewhere in New York. While PIP doesn’t pay for everything it can cover a certain amount of lost wages, medical bills, and other expenses, regardless of fault.
- File a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC): This non-profit corporation provides options for New Yorkers who don’t have UM or PIP coverage. It’s considered a last resort, so ask your lawyer for details.
- File a lawsuit against the driver: If you can locate the at-fault driver, you may be able to file a lawsuit against that individual. Although winning and actually collecting on a judgment may be difficult, depending on the circumstances it could be a viable option.
Let Us Help With Your New York Accident Claim
At Dell & Dean PLLC, we understand how frustrating it is to not only get into an accident but to learn that the other driver has no insurance. That’s why we help victims in Long Island win the compensation they need to move forward. Give us a call or fill out our online contact form for more information.
