Yes, you can get car insurance after an accident, but it won't retroactively cover the incident that just occurred. Anything that goes against an insurance company’s policies is considered insurance fraud. These companies can provide coverage immediately when you buy a new car, but they cannot cover previous accidents—it will only apply to future accidents.
If you or the other driver is uninsured at the time of a car accident, the uninsured party may face severe penalties. Driving without insurance in New York is prohibited under the VAT § 319; you could be ticketed and charged.
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What Happens If You Are Uninsured Before and During A Car Accident in New York?
Operating an uninsured vehicle in New York carries severe repercussions, as outlined by the NY Department of Motor Vehicles (DMV). Drivers caught without insurance may face the following:
- A potential arrest or ticket.
- Law enforcement may impound their vehicle.
- The DMV will revoke both the vehicle registration and the driver's license.
The situation worsens if an accident occurs while uninsured. In such cases, the state may suspend your license and registration for at least one year, and you will need to pay fines and penalties.
Traffic court fines for driving without insurance or allowing another person to operate your uninsured vehicle can reach $1,500. Additionally, if your license is revoked, you must pay the DMV a $750 civil penalty for reinstatement.
The New York's No-Fault Insurance System
If you're insured and the other driver isn't or vice versa, it's important to understand how New York's no-fault insurance system functions. This helps both parties involved in an accident recover damages, regardless of who was at fault. This system is built on two fundamental principles:
Coverage Regardless of Fault
Under this rule, individuals are protected by their insurance policy, irrespective of who caused the accident. This approach significantly reduces the need for lengthy legal battles to determine liability, allowing accident victims to receive necessary care and compensation more quickly.
Personal Injury Protection (PIP)
This is designed to cover a range of necessary expenses for injuries sustained in a vehicular accident. These expenses typically include, but are not limited to:
- Injury-related medical bills
- Rehabilitation expenses
- Loss of income
- Funeral and burial expenses
The no-fault system in New York aims to provide a safety net for drivers, passengers, and sometimes pedestrians involved in auto accidents. It ensures that immediate medical needs are met and financial hardships are mitigated, regardless of the circumstances surrounding the accident.
Benefits Under New York No-Fault Car Insurance
If you have or recently availed of no-fault car insurance, you are entitled to these benefits specified by the New York State Department of Financial Services in the event of a car accident:
- A minimum of $50,000 for PIP.
- Coverage for 80% of lost earnings from work, up to a maximum of $2,000 per month for up to three years following the accident.
- Up to $25 per day for a maximum of one year from the accident date to cover other reasonable and necessary expenses.
Always remember that these benefits may be recoverable as long as you have your own insurance and the car accident you were involved in is recent. You may want to check your insurance company's policies to understand how their coverage works.
What To Do If You Are a Victim of an Uninsured Driver
You can file a personal injury lawsuit against the uninsured driver to seek compensation for your medical expenses, lost wages, pain and suffering, and other damages. Filing the claim requires proving several key elements, such as:
| 1. Duty – the defendant owed a duty of care to the plaintiff under the circumstances. For example, auto drivers must drive safely to avoid collisions. |
| 2. Breach – the defendant breached their duty through negligence. A driver texting behind the wheel would qualify. |
| 3. Causation – the breach of duty directly caused the injury. The collision resulting from distracted driving led directly to physical harm. |
| 4. Harm – actual damage or loss occurred. Medical costs, lost wages, pain, and suffering. |
Succeeding on all four elements may hold the liable party accountable for damages. However, a personal injury claim is not easy - it is stressful and time-intensive. Hiring our personal injury attorneys helps alleviate this burden. This allows you to prioritize your recovery while we handle the legal aspects of your claim.
Questions about Filing an Insurance or Personal Injury Claim?
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Speak to a Car Accident Lawyer Today
At the Porter Law Group, our team of proven personal injury lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.
We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one is a personal injury victim, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
