Table of Contents
Introduction
Car accidents can be a traumatic experience and can leave the victims with severe injuries. In most cases, the responsible party has car insurance, and the insurance company covers the damages caused by the accident. However, what if the person who caused your injuries doesn’t have insurance in New York? This can be a tricky situation and can cause a lot of stress and financial burden on the victim.
Understanding New York No-Fault Insurance Law
In New York, No-Fault Insurance Law requires that all vehicle owners carry a minimum amount of insurance coverage. The law states that the driver who causes the accident is responsible for covering the damages caused by the accident. However, if the at-fault party does not have insurance, they are responsible for covering the damages caused by the accident out of their pocket.
Options for Victims
If the person who caused your injuries does not have insurance, there are still options available to you. Here are a few things you can do:
1. File a Lawsuit
If you have suffered severe injuries and the at-fault driver does not have insurance, you can file a lawsuit against them. This means that you can take them to court and have a judge award you a monetary settlement to cover the damages caused by the accident.
2. Contact Your Insurance Company
If the at-fault driver does not have insurance, you can turn to your insurance company for help. In New York, all drivers are required to carry a minimum amount of insurance coverage that includes Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. These types of coverage can help you in case you get into an accident with someone who does not have insurance.
UM coverage can provide coverage for damages caused by an uninsured driver, while UIM coverage is for accidents where the at-fault driver’s insurance coverage is not enough to cover the damages.
3. Attempt to Settle Out of Court
It may be possible to settle out of court with the at-fault driver. In this case, you would need to negotiate with them directly or hire an attorney to help you negotiate a settlement. This can be a more cost-effective option than going to court, but it is not always possible.
Conclusion
Getting into an accident with someone who does not have insurance can be a difficult situation to deal with. However, as a victim, you still have options available to you. Filing a lawsuit, contacting your insurance company, or attempting to settle out of court are all options available to you. It is essential to speak with an experienced personal injury attorney who can help guide you through the process and help you determine the best course of action to take.