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Here’s what to do if you have a car accident with a driver who doesn’t have insurance

1. What should the insured driver do at the scene upon learning the other driver is uninsured?

It is almost impossible to learn at the scene whether the other driver insured or uninsured. Insurance in NY State is mandatory, and these are very rear cases, which attorney finds out coverage later on. For ex: the car was stolen, then there will be no BI coverage if it was reported as stolen prior to the accident. Anything beyond the normal procedure of exchanging contact information and getting eye witness contact info if possible. Photos or video from the scene of the accident with damage on both cars is very helpful.

2. If I’m the driver who was insured and I do not carry uninsured driver coverage, how do I file a claim that fairly compensates me for bodily injury and property damage.

This is not possible. Uninsured/undersinured coverage is mandatory in the State of NY.

3. If my policy leaves me short what recourse do I have to make myself financially whole again?

This happens in very rare situations. You either accept the fact of financial loss or try to recover excess damages through a small claims court (under 5K) or a law suit in civil or supreme court. In all cases, attorneys do not want to take these cases as there is no money in it for them. Besides, insurance coverage is usually sufficient, and if you have full collision coverage, it starts with 50k and can go up to 500k depending on purchased policy.

4. At what point in the process should I contact a car accident attorney? Do car accident attorneys typically take cases involving an uninsured driver if your chances of recouping your losses from them is slim?

Seek the help of an attorney as soon as possible. Cases with uninsured drivers go through a special provision called Uninsured/Underinsured coverage on your own policy and are treated and recovered the same way as regular cases.

5. What if I’m at fault in an accident with an uninsured driver?

If you are at fault, an attorney will not take your case. One example would be a rear end collision.

6. If even partially at fault, do I still have to compensate them even though they’re likely breaking the law by driving uninsured?

They are breaking the law, but compensation is dealt with through your insurance, not your personal funds, so you let your insurance handle it. If you’re partially liable with uninsured driver in the other car, your Uninsured coverage applies and you are compensated based on the percentage of liability for the accident.

7. How is an accident with an uninsured driver handled differently, if at all, in no fault states?

This makes no difference for the attorney who knows what they are doing. Sometimes, it is even faster.

Our team of attorneys can help you if you had a car accident.

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