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What Happens if You’re in an Auto Accident With an Uninsured Driver? September 14, 2017

Garden City, Nassau County
What Happens if You’re in an Auto Accident With an Uninsured Driver?, Garden City, New York

Unfortunately, auto accidents are a common occurrence, and the costs associated with resulting property damage and injuries can be significant. This is why most states, including New York, legally require their drivers to carry a certain amount of car insurance. The team at Sackstein, Sackstein & Lee, LLP in New York City explains that drivers are obligated to have liability, personal injury protection, and uninsured motorist coverage. Unfortunately, not everyone abides by the law, and there are many people who still decide to drive without the appropriate insurance coverage. If you are involved in a crash where an uninsured motorist is at fault, it’s important to know how to proceed.

auto accidentsNew York is a no-fault state when it comes to auto accidents, so regardless of who was responsible, your insurance will cover the medical bills for your injuries in accordance with your policy provisions.

You also have the right to pursue a separate claim for the personal injuries you suffered as a result of the accident.  You have two options for recovering compensation after a collision with an uninsured driver:

  • You can file a personal injury lawsuit against the other party; or
  • You can file a claim under your uninsured motorist coverage.

However, there is a good chance if the motorist doesn’t have insurance, it will be challenging to pursue restitution for your losses. This is why the second option is often the better course of action to take.  The attorneys at Sackstein Sackstein & Lee, LLP can help explain these options to you and can help to determine the best course of action for you to proceed.

Your uninsured motorist benefits are designed to take the place of the other driver’s liability coverage. This means it may compensate you for your and pain and suffering if you have been seriously injured. Supplementary uninsured/underinsured motorist coverage can be added to your policy to ensure there will be enough funds to cover your damages if the at-fault party has insurance but not a sufficient amount.

To protect your rights after an accident, regardless of its circumstances, gather as much evidence as possible to help you prove liability. This includes making a police report, seeking medical treatment, keeping all the receipts for expenses related to the accident, and taking photos of the collision scene.

Whether you decide to file a lawsuit against the other driver or submit a claim to your insurance, it is a good idea to retain the services of a personal injury attorney who will provide the representation you need to have the best chance to recover all the compensation you’re entitled to. Since 1952, Sackstein, Sackstein & Lee, LLP has offered residents in Flushing, Brooklyn, Garden City, and the Bronx unparalleled counsel for auto accident cases. Contact them at (888) 519-6400 to schedule a consultation, or visit their website to learn more.