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How to Navigating a Car Accident with an Uninsured Driver (From an Attorney)

In the unfortunate event of a car accident with an uninsured driver, seeking guidance from a skilled car accident attorney can make all the difference.

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. Here’s an example:

Reporting the car as stolen prior to the accident will result in no BI coverage in case of theft. 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. I did not carry uninsured driver coverage as the insured driver. How can 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. Your attorney and insurance agent can help you to navigate this.

When facing the aftermath of a car accident, a car accident attorney can provide invaluable legal assistance.

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.

Our team of attorneys will work hard to help you find the best solution.

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 are slim?

Seek the help of an attorney as soon as possible. The special provision called Uninsured/Underinsured coverage on your own policy handles cases with uninsured drivers. It treats and recovers them in the same way as regular cases.

Hiring a reputable car accident attorney can help you navigate the complexities of insurance claims after a collision.

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.

A car accident attorney can help you recover physically, emotionally, and financially from a traumatic car crash.

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 goes through your insurance, not your personal funds. Let your insurance handle it. If you’re partially liable with an uninsured driver in the other car, your Uninsured coverage applies. The compensation you receive is based on the percentage of liability assigned 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.

Discover the advantages of partnering with an experienced car accident attorney when dealing with uninsured or underinsured drivers.

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

Wondering whether you need a car accident attorney after a crash? We break down the reasons why it’s often a wise choice.

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