A car accident can be a traumatic and stressful experience, especially when the at-fault driver is uninsured or underinsured. New York is a ‘no-fault insurance’ state that requires all drivers to carry Personal Injury Protection (PIP) Insurance. But if you are seriously injured by an uninsured or underinsured driver, the insurance policy may not cover all of your needs.
Recovering compensation for injuries and damages in cases like these can be challenging. If you find yourself in this situation, it's essential to seek the help of an experienced New York uninsured/underinsured motorist accident attorney.
At The Porter Law Group, our dedicated team of attorneys understands the complexities of uninsured and underinsured motorist accidents. We are committed to helping our clients navigate the complexities of litigation in New York, and get them the compensation they deserve. In 2019, more than 800,000 New Yorkers were driving uninsured. The risk on the road is real, and the path to recovering compensation can be long and tedious.
If you've been injured in an accident caused by an uninsured or underinsured driver in New York, contact us today at 833-PORTER9 or send an email to info@porterlawteam.com to schedule a free, no-obligation consultation.
If you are injured by an uninsured or underinsured motorist in New York, you will have to rely on your own Personal Injury Protection (PIP) insurance and Uninsured Motorist (UM) Insurance. New York is a no-fault State and requires certain amounts of minimum insurance coverage for all drivers before they can register their vehicles and be allowed to drive on the roads. This was put in place to prevent vehicular accident claims from clogging the courts.
Uninsured Motorist Coverage protects you and your passengers in the event of an accident with an uninsured, underinsured, or hit-and-run driver by up to 25,000 per person and 50,000 per accident at the minimum. This type of insurance can be utilized if your damages exceed your PIP coverage, or you were involved in a hit-and-run accident and the at-fault driver cannot be identified.
However, these insurance payouts may still not be enough to cover your expenses, especially if you’ve sustained serious injuries.
Because of no-fault insurance, you are barred from suing the at-fault driver for additional financial compensation unless you've sustained serious injury. Serious injury is defined under section 5102(d) if the New York insurance law as any incident resulting in the following:
If your injuries or losses fall under this threshold, you will have up to 3 years to file a personal injury lawsuit.
For a lawsuit against an uninsured driver due to severe injuries in a vehicular accident, you need to be able to prove the following to secure financial compensation:
Speeding, tailgating, and disobeying traffic laws are negligent acts that can show how the at-fault party breached the expected standard of care required of all motorists sharing the roads. But investigation, evidence gathering, and putting the case together may prove complicated, especially in the State of New York.
Injured by an Uninsured Driver?
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Accidents involving uninsured or underinsured drivers can result in significant damages, including:
1. Medical expenses. Serious injuries may require extensive medical treatment, surgeries, and rehabilitation, which can quickly exhaust the at-fault driver's insurance coverage.
2. Lost wages. If your injuries prevent you from working, you may be entitled to compensation for your lost income.
3. Pain and suffering. The physical and emotional trauma caused by an accident can have a lasting impact on your life, and you may be able to recover damages for your pain and suffering.
4. Property damage. If your vehicle or other personal property was damaged in the accident, you may be entitled to compensation for repairs or replacement.
It’s important to immediately notify your insurer once you’ve been involved in an accident with an uninsured or underinsured motorist. You have to let them know that the at-fault party does not have sufficient coverage for your injuries and losses.
Uninsured motorist accidents will force you to take the necessary additional compensation from your insurer. This puts you at odds with them, and they may require excruciatingly detailed documentation, or even withhold or deny your claims. Should this be the case, you will need the assistance of a good personal injury lawyer to negotiate, and if necessary, fight for you in court.
Whether you only wish to get what you need from your insurer, or you wish to file a case against the at-fault driver for serious injuries and damages, you will need the help of a good personal injury lawyer. The attorneys at The Porter Law Group have recovered millions of dollars* for vehicular accident victims in New York, and we stand ready to advocate for you and help you get the financial compensation you deserve.
Don't let an uninsured or underinsured driver leave you struggling with the financial burden of an accident. Contact The Porter Law Group today at 833-PORTER9 or email us at info@porterlawteam.com to learn more about how we can help you pursue the compensation you deserve.
