How You Should Handle a Car Accident with an Uninsured Motorist

New York State is one of the few in the country that actually uses a no-fault insurance system. If you get into a car accident with another person, no matter who is to blame, you need to get coverage for medical damages from your own insurance company. While this might initially make it sound like the odds are weighted against you, state legislation also permits people to pursue further damages through civil lawsuits.

This is critical when it comes to a car accident caused by an uninsured motorist. As uninsured motorist coverage is also legally mandatory in New York, you will once again have to ask your own insurance company for coverage but you should then turn around and hold the uninsured driver accountable for what they have done by teaming up with a car accident attorney. If your own insurance company maxes out coverage below what you need, you can sue the uninsured motorist for the difference. If you are unable to go to work and collect a full paycheck, your lawsuit can include damages to cover that difference as well. The appeal of civil lawsuits is that you are permitted to take control of the situation and seek justice as you see fit.

Preparing Your Car Accident Claim

Of course, seeking a settlement or a beneficial verdict in court requires preparation and effort. You need to rely on solid evidence to show that you were not at fault for the car accident that caused your injuries. You should prepare your case the moment the collision happens.

Follow these steps if you get hit by an uninsured driver:

  1. Call the authorities: Driving without insurance in New York is illegal and if you just got into an accident because of an uninsured driver, you can clearly see the consequences of doing so. Let the police know what has happened so they can remove the dangerous individual from the streets where they could do more harm.
  2. Call medical responders: You could have sustained serious injuries that you do not feel immediately, either due to the subtlety of the wound or the adrenaline in your system. Let EMTs take a look at you. You won’t regret it and you can use their reports later in your case.
  3. Collect any identifying information: Insurance information is obviously out of the question but there are plenty of other ways to identify who the uninsured driver is. If they don’t have a state ID, what do they have? Now is the time to get creative and write down as much information as you can. Let them know you would also like to take a photograph of them with your cellphone.
  4. Call an attorney: You have one more phone call to make, and that should be to our New York City personal injury lawyers at Lurie, Ilchert, MacDonnell & Ryan LLP. We have the experience and know-how required to build a solid case against an uninsured motorist. You should also call us before you call your own insurance company to avoid accidentally saying something to them that makes you seem liable.

Dial 646.461.4009 for a free consultation with our team of car accident attorneys in New York City today.

Categories: Car Accidents, Safety Tips