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New York’s no-fault auto insurance laws offer some protection to drivers who collide with an uninsured motorist. Regardless of who is involved in or causes the crash, your personal injury protection (PIP) and mandatory uninsured motorist policies will cover your losses. 

However, if you are severely hurt in a crash with an uninsured driver, your insurance benefits may not be enough. It might become necessary for you to file a lawsuit against the uninsured driver and seek compensation from them. This process is more nuanced and difficult than filing your PIP insurance claim. 

Recovering Compensation From Uninsured Drivers in New York 

When you sustain severe injuries that cause permanent disabilities, fractures, or other serious injuries, New York’s laws allow you to pursue a claim against the at-fault driver. When this is a motorist who does not have insurance, you can encounter three potential issues in obtaining compensation:

Identification

The uninsured motorist could flee the scene of the accident, making it challenging to identify and bring a lawsuit against them. If this happens in your case, it could take days, weeks, or even months before the driver is located and identified. Until this happens, you will need to find a way to cover your expenses.

Fault

Succeeding in your claim against an uninsured motorist requires you to prove the uninsured motorist was at least partly to blame for the accident. Any responsibility you had for causing the crash or your injuries would reduce the amount of compensation you could receive from your lawsuit.

Assets

Even if you succeed in your lawsuit against the uninsured motorist, they may not have assets to cover your losses. You could seek a judgment that would allow you to intercept income they might receive in the future. However, doing so would still leave you with the task of covering your expenses until you actually obtain the judgment. 

How to Hold an Uninsured Driver Accountable in NY 

Despite these challenges, you should consider filing a lawsuit against a negligent driver who causes you severe injuries, even if they are uninsured. The following steps can help make your efforts more successful: 

Get Medical Attention 

Unless you sustain minor injuries, it is best to visit an emergency room for a formal medical evaluation. Doing so can also create a record of your precise injuries and medical needs, making it easier to seek appropriate damages later. 

Call the Police and Make an Accident Report 

You must call the police if you or anyone else is hurt in the wreck. If the uninsured motorist remains at the scene of your crash, obtain their name and contact information, if possible. Otherwise, provide the police with as much information about the other driver and their vehicle as you can. Don’t forget to complete an accident report. 

Gather Evidence if Possible 

Depending on the severity of your injuries, you may not be in any condition to take photographs or gather the names of witnesses to the crash. Even so, you can request any investigative notes the police completed when they responded to your accident. These reports can provide useful details about the other driver and who was at fault. 

Visit With a Qualified New York Car Accident Lawyer 

New York law does not require you to have an attorney retained to file a lawsuit. However, an attorney’s assistance can help you file the proper paperwork within the state’s three-year statute of limitations. They can also pursue additional evidence to support your claim and handle many other aspects of your case. 

Decide How to Resolve Your Claim 

Depending on the circumstances of your case, an uninsured motorist may seek to reach a settlement with you. You must evaluate these offers in light of your needs and the realities of your situation. Settling serves to prevent you from seeking any additional compensation from the uninsured driver. The alternative is to take your case to trial. 

Get Answers and Assistance From Silberstein & Miklos 

Crashing into an uninsured motorist makes what could already be a complicated car accident claim even more complex. The attorneys at Silberstein & Miklos have decades of experience and are available to answer any questions you might have about recovering compensation.  

Beyond this, the firm’s lawyers are prepared to use their experience and knowledge to help you recover compensation when you need it most. Learn more about what  Silberstein & Miklos can do to help you by scheduling a free consultation with a member of our firm today.