What should you do if the other driver does not have insurance?

On Behalf of | Sep 14, 2020 | Car Accidents

While you may have adequate car insurance to protect yourself and your vehicle after a driving incident, the same is not true for every driver in New York. You were recently involved in an accident with an uninsured motorist and want to know how to proceed. 

HowStuffWorks offers insights on handling auto accidents where one driver does not have coverage. Learn more about how you can protect your finances and better ensure that you do not pay for another’s negligence. 

No-fault laws

New York is a no-fault insurance state. That means that no matter which party bears fault in an accident, everyone involved becomes financially responsibility for their damages and injuries. Essentially, it does not matter whether the other person has coverage, as you must handle your resulting damages. That said, you could have a legal case if you suffer severe injuries that outpace your current policy limits. This exception often only applies to actual damages with an easily calculated monetary value. Victims cannot sue another person for pain and suffering. 

Uninsured motorist coverage

Does your current auto insurance policy include uninsured motorist coverage? When combined with no-fault insurance, also known as “personal injury protection,” uninsured motorist coverage could help cover the cost of severe injuries and damages without you suing the other person. 

You must think twice before taking legal action against the other motorist. Even if you successfully sue, the other party may not have the assets to satisfy the judgment. If not, you still have outstanding medical and auto repair bills left unpaid. 

Understand all your options for recourse before going after the other driver. Knowing where to focus your energy usually saves time and money.