Normally, when you're in a car accident, the responsible party's insurance pays for the damages. But the situation gets more complicated when the driver who caused the accident is uninsured or has too little coverage. If you have repair or medical costs after an accident, it may be worth discussing your options with a personal injury attorney.

Minimum Coverage

In the state of New York, drivers are legally required to carry a minimum amount of auto insurance for liability in case of accidents — $25,000 for bodily injury to an individual, $50,000 for injuries total, and $10,000 for property damage are the legal minimums in this state. Driving without this financial protection is illegal. However, that doesn't mean it doesn't happen.

Your Insurance

In addition to your liability insurance, you have the opportunity to purchase additional insurance to cover damage by uninsured and underinsured drivers. If you have this type of coverage and have been in an accident with a driver who is unable to pay your damages, you should file a claim with your insurance company as soon as possible.

Personal Injury Suits

Usually, if another person causes your injury, you have grounds for a personal injury suit. However, in the case of uninsured drivers, this is often an ineffective solution. Most people who don't carry insurance have very little money, so it isn't worth the cost of a personal injury attorney to sue someone who can't pay you. There are exceptions, so it's worth arranging a consultation, but in general a personal injury suit is unlikely to be the answer to an uninsured driver.

If you've been in an accident recently, file a claim with your insurance first. Then, reach out to an attorney to see whether your case has a chance.

MacVean, Lewis, Sherwin & McDermott, P.C., provides representation by civil and criminal law attorneys in Middletown, NY. Their practice areas include DWI law, personal injury, family law, estate law, and commercial litigation. To arrange a consultation with a personal injury attorney, call (845) 343-3000 or contact the firm online. You can also find the law firm on Facebook.